Trustee Act 1925, s57

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JUDGMENT ASSISTANT JUSTICE IAN RC KAWALEY: Introduction [1] In my judgment herein dated October 23, 2020, I held as follows: ‘54. The Trustees should be granted an Order substantially in the terms of their Summons dated June 22, 2020, namely an Order that (subject to their undertaking not to incur significant expense until the scope …

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Cotterell & anr v Allendale & anr [2020] WTLR 1183

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JUDGMENT CHIEF MASTER MARSH: [1] The claimants are the trustees of the Allendale 1949 Settlement (‘the Settlement’). The first defendant is the fourth (and current) Viscount Allendale and the second defendant is his son. I will describe the first defendant as ‘Lord Allendale’ and his son (in the manner adopted in later deeds of appointment) …

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MN v OP & ors [2019] WTLR 941

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JUDGMENT SHARP LJ: Introduction [1] This an appeal against the order of Rose J on 2 March 2017, with her permission, by which she dismissed the claimant’s application for what amounted to an anonymity order, restricting the naming of the parties and access to the court file relating to the claim, and restricting the publication …

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South Downs Trustees Ltd v GH [2018] WTLR 673

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JUDGMENT CHIEF MASTER MARSH: [1] This judgment arises from the hearing of this part 8 claim on 16 February 2018. An interim order for anonymisation was made on 8 December 2017, before the claim was issued, and an order anonymising the proceedings, save for the identity of the claimant, was made at the hearing. The …

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V v T & anr [2014] EWHC 3432 (Ch)

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JUDGMENT MORGAN J Introduction [1] This judgment concerns applications which were made in three related claims. In each claim, the claimant sought an order under s1 of the Variation of Trusts Act 1958 (the 1958 Act) approving an arrangement proposed to be entered into in relation to an existing trust on the grounds that the …

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Alexander v Alexander & ors [2011] EWHC 2721 (Ch)

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JUDGMENT MR JUSTICE MORGAN: The application [1] This is an application by trustees for an order under s57 of the Trustee Act 1925 (the 1925 Act), alternatively for an order under s1 of the Variation of Trusts Act 1958. The trust [2] The trust in question was created by the will of William Owen Rawlings. …

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Cotterell & anr v Allendale & anr [2020] WTLR 1183

MN v OP & ors [2019] WTLR 941

South Downs Trustees Ltd v GH [2018] WTLR 673

V v T & anr [2014] EWHC 3432 (Ch)

Alexander v Alexander & ors [2011] EWHC 2721 (Ch)