Fattal & Ors v Walbrook Trustees (Jersey) Ltd & Ors

Fattal & Ors v Walbrook Trustees (Jersey) Ltd & Ors

Permission to re-amend the particulars of claim to introduce new claims and allegations of dishonesty was refused because the amendments were late, unsupported by evidence, statute-barred, and did not arise from the same or substantially the same facts as previously pleaded. The exoneration clause in the trust instrument barred all claims against the trustee except for actual dishonesty, which was not adequately pleaded or supported. The claims had no real prospect of success and summary judgment was granted for the defendants on all but a few minor claims.

Parties
Claimant: William Simon Fattal; Claimant: Elias Simon Fattal; Claimant: Rysaffe Trustee Company (C. I.) Limited; Claimant: Saffery Trustee Company (C. I.) Limited; Defendant: Walbrook Trustees (Jersey) Limited; Defendant: Walbrook International Limited; Defendant: Monopro Limited; Defendant: David Dangoor; Defendant: JTC Trustees Limited; Defendant: JTC Corporate Services Limited
Jurisdiction
England and Wales
Judgment Date
03 November 2010
Procedural Posture
Civil (trusts/equity) / Judgment on Applications for Permission to Re Amend Pleadings and Summary Judgment
Outcome
Application for permission to re-amend dismissed; summary judgment granted for defendants on all but minor claims; certain minor claims allowed to proceed or referred to a Master for account.
Legal Topics
Trustee Exoneration Clauses, Fiduciary Duties, Limitation of Actions, Summary Judgment, Pleading Amendments, Dishonesty in Equity, Joint Venture Agreements
Trusts Equity Civil Procedure Trustee Exoneration Clauses Fiduciary Duties Limitation of Actions Summary Judgment Pleading Amendments +2 more

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Parties

William Simon Fattal

Claimant

Elias Simon Fattal

Claimant

Rysaffe Trustee Company (C. I.) Limited

Claimant

Saffery Trustee Company (C. I.) Limited

Claimant

Walbrook Trustees (Jersey) Limited

Defendant

Walbrook International Limited

Defendant

Monopro Limited

Defendant

David Dangoor

Defendant

JTC Trustees Limited

Defendant

JTC Corporate Services Limited

Defendant

Procedural Posture

Civil (trusts/equity) / Judgment on Applications for Permission to Re Amend Pleadings and Summary Judgment

Legal Issues

  1. 1 Whether permission should be granted to re-amend particulars of claim to allege dishonesty and new claims
  2. 2 Whether trustee exoneration clause bars claims absent dishonesty
  3. 3 Whether claims are statute-barred under limitation principles

Ratio Decidendi

Permission to re-amend the particulars of claim to introduce new claims and allegations of dishonesty was refused because the amendments were late, unsupported by evidence, statute-barred, and did not arise from the same or substantially the same facts as previously pleaded. The exoneration clause in the trust instrument barred all claims against the trustee except for actual dishonesty, which was not adequately pleaded or supported. The claims had no real prospect of success and summary judgment was granted for the defendants on all but a few minor claims.

Court Disposition

Application for permission to re-amend dismissed; summary judgment granted for defendants on all but minor claims; certain minor claims allowed to proceed or referred to a Master for account.

Orders

  • Permission to re-amend particulars of claim refused except for minor amendments.
  • Summary judgment entered for Walbrook Trustees (Jersey) Limited on all claims except those where an account is to be taken.