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England and Wales Case Law

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Trusts and estates

Albemarle John Cator & Ors v Ceawlin Henry Lazlo Thynn, Marquess of Bath & Anor

Given the potential prejudice to a large class of beneficiaries from the trustees' proposed exercise of a power of advancement, and in light of the requirement for issue estoppel protection established by Denaxe Ltd v Cooper, it is appropriate to join an independent solicitor as representative defendant to ensure all interests are represented and bound by the court's decision.

Source excerpt

  • Trustee powers
  • Representation orders
  • Beneficiary rights
  • Court approval of trustee decisions
  • Issue estoppel
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Trusts

Benjimen Jennings & Anor v Graham Appleby

The High Court held that the Lloyd Trust did not become void for administrative unworkability and approved the trustees’ decision to terminate the trust and appoint its assets to charity.

  • Administrative unworkability
  • Certainty of objects
  • Discretionary trusts
  • Trustee powers
  • Termination of trusts
  • Administrative-unworkability
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Tax law

COMFG Holdings Ltd v Welsh Revenue Authority / Awdurdod Cyllid Cymru

The property was held and sold by the trustees of the SSAS as trustees under the trust deed and rules, not as partners; there was no evidence of partnership or partnership property; Schedule 7 was not engaged; the appeal had no realistic prospect of success and was struck out.

Source excerpt

  • Land transaction tax
  • Small self administered schemes (ssas)
  • Partnership status
  • Trustee powers
  • Schedule 7 application
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Trusts [2026] EWHC 209 (Ch)

Cator & Ors v Thynn & Anor

Cator & Ors v Thynn & Anor [2026] EWHC 209 (Ch) (06 February 2026)

The High Court approved joinder of an independent solicitor as a representative defendant in a trustee application concerning a power of advancement and donor-beneficiary interests.

  • Trustee powers
  • Representation orders
  • Advancement of beneficiaries
  • Issue estoppel
  • Court approval of trustee decisions
  • Trusts
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Trusts

KO UK Pension Trustees Ltd v Susan Margaret Barker

The trustee's decisions to vary the termination payment and augment benefits are within its powers, taken after proper consideration of all relevant factors, and not vitiated by conflict of interest; the court therefore approves the decisions under the Public Trustee v Cooper jurisdiction.

Source excerpt

  • Trustee powers
  • Court blessing of trustee decisions
  • Pension scheme surplus
  • Augmentation of benefits
  • Fiduciary duties
  • Representative beneficiary
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Insolvency [2025] EWHC 597 (Ch)

Armstrong & Anor v Bhattacharya & Anor

Armstrong & Anor v Bhattacharya & Anor [2025] EWHC 597 (Ch) (14 March 2025)

The High Court held the bankrupts wholly owned 100 Redcliffe Gardens, granted possession and sale, and ordered payment of rental income and other retained assets.

  • Bankruptcy estate
  • Beneficial ownership
  • Resulting trusts
  • Order for sale
  • Exceptional circumstances under s335a ia 1986
  • Rental income
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Trusts

Arcadia Group Pension Trust Limited v Joanne Teresa Smith

The claimant's proposed amendment to permit merger is within the scope and purpose of the Staff Scheme's amendment power, which remains unrestricted during winding up and liquidation. The exercise is for a proper purpose, does not deprive members of their Basic Entitlements, and is objectively justified. The trustee's decision-making process was rational, reasonable, and managed conflicts of interest appropriately. Court approval is granted for the momentous decision.

Source excerpt

  • Trustee powers
  • Scheme amendment
  • Pension scheme merger
  • Winding up
  • Conflict of interest
  • Proper purpose
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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.

Source links and collection timestamps are retained alongside the indexed records.