De Bruyne v De Bruyne & Ors

De Bruyne v De Bruyne & Ors

The husband procured the appointment of the 257 Techne shares by agreeing they would be held for the benefit of his children. The shares were transferred to him on this basis, and it would be unconscionable for him to deny the trust. The 1999 New York settlement compromised all claims by Abigail and Leila, including those to English assets. The triplets remain entitled to their share under a constructive trust.

Parties
Appellant: Tracey Ann de Bruyne; Respondent: John Adrian de Bruyne; Respondent: Abigail Anne Pile de Bruyne; Respondent: Leila Elma Curtis de Bruyne; Respondent: Anita Lilian de Bruyne; Respondent: Jessica Elizabeth de Bruyne; Respondent: John Alfred Adrian de Bruyne
Jurisdiction
England and Wales
Judgment Date
13 May 2010
Procedural Posture
Civil Appeal / Appeal From Preliminary Issues in Ancillary Relief Proceedings
Outcome
appeal dismissed
Legal Topics
Constructive Trusts, Ancillary Relief, Compromise Agreements, Fiduciary Obligations
Family Law Trusts Law Constructive Trusts Ancillary Relief Compromise Agreements Fiduciary Obligations

Case Brief

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Parties

Tracey Ann de Bruyne

Appellant

John Adrian de Bruyne

Respondent

Abigail Anne Pile de Bruyne

Respondent

Leila Elma Curtis de Bruyne

Respondent

Anita Lilian de Bruyne

Respondent

Jessica Elizabeth de Bruyne

Respondent

John Alfred Adrian de Bruyne

Respondent

Procedural Posture

Civil Appeal / Appeal From Preliminary Issues in Ancillary Relief Proceedings

Legal Issues

  1. 1 Whether a constructive trust arose in favour of the children over assets appointed out of the 1971 trust to the husband
  2. 2 Whether a 1999 New York settlement agreement compromised all claims by Abigail and Leila against the husband and wife, including English assets

Ratio Decidendi

The husband procured the appointment of the 257 Techne shares by agreeing they would be held for the benefit of his children. The shares were transferred to him on this basis, and it would be unconscionable for him to deny the trust. The 1999 New York settlement compromised all claims by Abigail and Leila, including those to English assets. The triplets remain entitled to their share under a constructive trust.

Court Disposition

appeal dismissed

Orders

  • Wife's appeal on the trust issue dismissed
  • Cross-appeal on the compromise issue granted but dismissed on merits