CLUB LOS CLAVELES, ALBERT FLETCHER, ROGER LINDSAY, TERRY SMITH and WALTER FARQUHAR AGAINST FIRST NATIONAL TRUSTEE COMPANY LTD [2019] ScotCS CSOH_66 (29 August 2019)

CLUB LOS CLAVELES, ALBERT FLETCHER, ROGER LINDSAY, TERRY SMITH and WALTER FARQUHAR AGAINST FIRST NATIONAL TRUSTEE COMPANY LTD [2019] ScotCS CSOH_66 (29 August 2019)

The letter of 23 May 2012 was a valid notice terminating the defender's appointment as trustee, but the trust continues until a successor is appointed and the defender must execute necessary deeds to effectuate the transfer. The register of members is trust property under the Deed of Trust. The pursuers' claims for count, reckoning and payment are irrelevant due to lack of averments of intromissions. The defender is not entitled to a further indemnity on retiral, only to a discharge. Internal disputes and prejudice are irrelevant to the legal entitlements under the trust deeds.

Citation
[2019] ScotCS CSOH_66
Parties
Pursuer: Club Los Claveles; Pursuer: Albert Fletcher; Pursuer: Roger Lindsay; Pursuer: Terry Smith; Pursuer: Walter Farquhar; Defender: First National Trustee Company Limited
Jurisdiction
Scotland
Judgment Date
29 August 2019
Procedural Posture
Civil / Procedure Roll Discussion (pleadings and Relevancy)
Outcome
Case put out By Order for further procedure; certain averments excluded from probation.
Legal Topics
Trustee Retirement and Appointment, Trust Property Definition, Specific Implement, Indemnity and Discharge of Trustees, Title to Sue, Count, Reckoning and Payment
Trusts and Estates Property Law Trustee Retirement and Appointment Trust Property Definition Specific Implement Indemnity and Discharge of Trustees Title to Sue Count, Reckoning and Payment

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Parties

Club Los Claveles

Pursuer

Albert Fletcher

Pursuer

Roger Lindsay

Pursuer

Terry Smith

Pursuer

Walter Farquhar

Pursuer

First National Trustee Company Limited

Defender

Procedural Posture

Civil / Procedure Roll Discussion (pleadings and Relevancy)

Legal Issues

  1. 1 Whether the letter of 23 May 2012 validly terminated the defender's appointment as trustee
  2. 2 Whether the register of members is 'Property' under the Deed of Trust
  3. 3 Entitlement to count, reckoning and payment

Ratio Decidendi

The letter of 23 May 2012 was a valid notice terminating the defender's appointment as trustee, but the trust continues until a successor is appointed and the defender must execute necessary deeds to effectuate the transfer. The register of members is trust property under the Deed of Trust. The pursuers' claims for count, reckoning and payment are irrelevant due to lack of averments of intromissions. The defender is not entitled to a further indemnity on retiral, only to a discharge. Internal disputes and prejudice are irrelevant to the legal entitlements under the trust deeds.

Court Disposition

Case put out By Order for further procedure; certain averments excluded from probation.

Orders

  • Pursuers' second and third conclusions (count, reckoning and payment) and supporting averments excluded from probation.
  • Pursuers' averments in Articles 12 and 13 of Condescendence (relating to prejudice) excluded from probation.