Trilogy Management Ltd v Harcus Sinclair [2016] EWHC 170 (Ch)

Summer 2017 #168

This was an application by the defendant firm of solicitors (D) for the particulars of claim and reply to be struck out on the ground that they disclose no answer to the limitation defence or summary judgment dismissing the entirety of the claim on the basis that the claimant (C) has no real prospect of success because the claim is statute barred.

The proceedings arose out of a family dispute concerning a charitable trust (F) established by the deceased (OM). By his will OM left his shares in a Jersey investment company (JY) and in the trustee company of F (YT) to the executors an...

Kennedy & ors v Kennedy & ors [2014] EWHC 4129 (Ch)

June 2015 #150

The trustees of a settlement dated 16 December 2003 made by the first claimant, Brian Kennedy, (the settlement) sought an order to correct a mistake made in the terms of an appointment dated 1 October 2008 (the October 2008 appointment).

Under the terms of the settlement, of which Mr Kennedy was originally the sole trustee, Mr Kennedy had a life interest in possession. The settlement contained a power of appointment exercisable by the trustees in favour of Mr Kennedy, his children and remoter issue. In default of appointment, the capital was held on trust for Mr Kennedy’s children...