RECLAIMING MOTION BY CLUB LOS CLAVELES AND OTHERS AGAINST FIRST NATIONAL TRUSTEE COMPANY LTD [2020] ScotCS CSIH_33 (16 June 2020)

RECLAIMING MOTION BY CLUB LOS CLAVELES AND OTHERS AGAINST FIRST NATIONAL TRUSTEE COMPANY LTD [2020] ScotCS CSIH_33 (16 June 2020)

The defenders’ appointment as trustee was not terminated by notice alone, as no new trustee was appointed; the defenders are not entitled to additional indemnities beyond those already provided in the Deed of Trust; the Register of Members is trust property and must be delivered to the pursuers or new trustee; the action should not be dismissed, but decree of declarator in the terms sought is not appropriate until a new trustee is identified.

Citation
[2020] ScotCS CSIH_33
Parties
Pursuers and Respondents: Club Los Claveles and Others; Defenders and Reclaimers: First National Trustee Company Ltd
Jurisdiction
Scotland
Judgment Date
16 June 2020
Procedural Posture
Reclaiming Motion (appeal) / Interlocutory Appeal Against Refusal to Dismiss Action; Challenge to Lord Ordinary’s Interlocutor of 30 September 2019
Outcome
Reclaiming motion refused; interlocutor of 30 September 2019 adhered to in substantial part, except technical amendment to dismiss action as relating to second and third conclusions.
Legal Topics
Trustee Resignation and Removal, Trust Property Definition, Indemnities for Trustees, Data Protection and Trust Records, Declarator and Specific Implement, Procedural Dismissal
Trust Law Property Law Civil Procedure Trustee Resignation and Removal Trust Property Definition Indemnities for Trustees Data Protection and Trust Records Declarator and Specific Implement +1 more

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Parties

Club Los Claveles and Others

Pursuers and Respondents

First National Trustee Company Ltd

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) / Interlocutory Appeal Against Refusal to Dismiss Action; Challenge to Lord Ordinary’s Interlocutor of 30 September 2019

Legal Issues

  1. 1 Whether the defenders’ appointment as trustee was terminated by notice under the Deed of Trust
  2. 2 Whether the defenders are entitled to additional indemnities as a condition of resignation
  3. 3 Whether the Register of Members constitutes trust property to be delivered to the pursuers or new trustee

Ratio Decidendi

The defenders’ appointment as trustee was not terminated by notice alone, as no new trustee was appointed; the defenders are not entitled to additional indemnities beyond those already provided in the Deed of Trust; the Register of Members is trust property and must be delivered to the pursuers or new trustee; the action should not be dismissed, but decree of declarator in the terms sought is not appropriate until a new trustee is identified.

Court Disposition

Reclaiming motion refused; interlocutor of 30 September 2019 adhered to in substantial part, except technical amendment to dismiss action as relating to second and third conclusions.

Orders

  • Refusal of reclaiming motion (appeal)
  • Adherence to Lord Ordinary’s interlocutor of 30 September 2019, except for technical dismissal of action as relating to second and third conclusions