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England and Wales Case Law

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Trusts and equity

Enus Ali & Anor v Muhammad Modu Miah & Anor

The High Court dismissed an appeal over trustee substitution in a charity dispute, holding the trust deed did not oust s36 Trustee Act 1925 and the appellants were unfit trustees.

  • Removal and appointment of trustees
  • Interpretation of trust instruments
  • Application of trustee act 1925
  • Unfitness of trustees
  • Trusts-and-equity
  • Charity-law
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Trusts and charities [2024] EWHC 1818 (Ch)

Ali & Anor v Miah & Anor

Ali & Anor v Miah & Anor [2024] EWHC 1818 (Ch) (05 June 2024)

High Court appeal on trustee replacement and case management. The court upheld use of s36 Trustee Act 1925 and dismissed the appeal.

  • Removal and appointment of trustees
  • Interpretation of trust instruments
  • Powers under trustee act 1925
  • Case management substitution of claimants
  • Trusts-and-charities
  • Trustee-removal
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Trusts [2023] EWHC 3388 (Ch)

Procter v Procter & Ors

Procter v Procter & Ors [2023] EWHC 3388 (Ch) (07 September 2023)

The High Court ordered removal of existing legal title trustees and vested title in an independent corporate trustee, citing conflicts and conduct concerns.

  • Removal and appointment of trustees
  • Vesting orders
  • Beneficial ownership
  • Conflict of interest among trustees
  • Removal-and-appointment-of-trustees
  • Vesting-orders
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Trusts and estates [2015] EWHC 1166 (Ch)

James & Anor v Louisewilliams & Ors

James & Anor v Louisewilliams & Ors [2015] EWHC 1166 (Ch) (27 February 2015)

The High Court replaced proposed will trustees over a family company estate, finding the beneficiaries’ welfare and lower costs favored daughters and their solicitor.

  • Removal and appointment of trustees
  • Conflict of interest in trusteeship
  • Family trusts
  • Administration of estates
  • Removal-of-trustees
  • Appointment-of-trustees
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Trusts and estates

James & Anor v Louisewilliams & Ors

The High Court replaced proposed trustees of a will trust after finding a justified risk of conflict, mistrust, and unnecessary cost in the administration.

  • Removal and appointment of trustees
  • Conflict of interest
  • Administration of estate
  • Beneficiary wishes
  • Trustee costs
  • Trustee-removal
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Charity law [2012] EWCA Civ 983

Khaira & Ors v Shergill & Ors

Khaira & Ors v Shergill & Ors [2012] EWCA Civ 983 (17 July 2012)

The Court of Appeal held that a dispute over who was the Sikh religious successor entitled to appoint Gurdwara trustees was non-justiciable and allowed the appeal.

  • Non-justiciability of religious disputes
  • Construction of trust deeds
  • Removal and appointment of trustees
  • Jurisdiction of civil courts over religious matters
  • Non-justiciability
  • Religious-disputes
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.