Cardigan v Moore & anr [2012] EWHC 1024 (Ch)

WTLR Issue: July/August 2012 #121

DAVID MICHAEL JAMES BRUDENELL-BRUCE EARL OF CARDIGAN

Analysis

At the end of the 1940s, the Savernake Estate, which was the subject of these proceedings, was held by a company owned by the 7th and 8th Marquesses of Ailesbury. Between 1949 and 1951 the company was replaced by a partnership. There was a conveyance executed in 1951 by which the estate was conveyed to the Marquesses on trust for sale as part of their partnership. The partnership property also included the family collection of paintings and other chattels. By 1963, there was an agreement that the partnership would be carried on by the 8th Marquess, who had a 51% share, and the trustees for the claimant, who had a 49% share, in the estate. The claimant was the present Earl of Cardigan. In 1987 the share held for the earl was appointed to him absolutely and the 8th Marquess assigned assets, including his 51% share in the estate, to the earl’s children, Viscount Savernake and Lady Catherine. There was an agreement made in 1987 that the partnership would be carried on by the earl on the one hand and the trustees for the children. In 1994 the earl became a trustee of the children’s trust. By a lease executed in 1999, Savernake Lodge (a property on the estate) was demised to the earl for a term of 20 years at peppercorn rent. At the time the earl lived there with his wife and the two children. In 2007, the earl was replaced as a trustee and in 2008 the assets of the trust were vested in the present trustees.

Counsel details

Malcolm Bishop QC (Argent Chambers, 5 Bell Yard, London WC2A 2JR, tel 020 7556 5500, e-mail briefsin@argentchambers.co.uk) and Seth Cumming of 3 Stone Buildings (3 Stone Buildings, Lincoln’s Inn, London, WC2A 3XL, tel 020 7242 4937, e-mail clerks@3sb.law.co.uk) appeared for the claimant.

Penelope Reed QC and Thomas Entwistle (5 Stone Buildings Lincoln’s Inn, London, WC2A 3XT, tel 020 7242 6201, e-mail clerks@5sblaw.com) for the trustees.

Legislation referenced

Legislation in bold has further reading - click to view.

  • 19.8A of the Civil Procedure Rules 1998, r19.8A