MN v OP & ors [2019] EWCA Civ 679

WTLR Issue: Autumn 2019 #176

MN

V

OP & ors

Analysis

In a claim for the approval of an arrangement varying a trust under the Variation of Trusts Act 1958 (the 1958 Act), an application was made for an anonymity order restricting the naming of the parties and access to the court file relating to the claim and the publication of certain information. The judge dismissed the application but gave permission for an appeal. The appellant, who brought the claim, was settlor of a settlement (the settlement), which comprised very valuable assets divided into several funds, some of which were held on discretionary trusts and others on income trusts. The defendants to the claim were the beneficiaries in existence – the appellant’s three children and their spouses or former spouses and his seven grandchildren, three of whom were minors, acting through litigation friends (although one of them obtained her majority after the hearing before the judge but before the hearing of the appeal) – and the trustees of the settlement, representing the interests of the unborn and unascertained beneficiaries. The three minor children were not principal beneficiaries and were interested only in secondary remainder interests in sub-funds whose values were tiny in relation to the value of the trust fund as a whole; they were also unaware of their interests in the trusts. The proposed variation of the settlement was to extend the permissible duration of the settlement by ending the perpetuity period 125 years after the date of the order making the variation and to extend the permitted accumulation period, variations made possible by the Perpetuities and Accumulations Act 2009. The proceedings were not adversarial and the arrangement was approved by the judge.

Counsel details

Counsel
Robert Pearce QC (Radcliffe Chambers, 11 New Square, Lincoln’s Inn, London WC2A 3QB, tel 020 7831 0081, e-mail clerks@radcliffechambers.com) and Sophia Rogers (Radcliffe Chambers, 11 New Square, Lincoln’s Inn, London WC2A 3QB, tel 020 7831 0081, e-mail clerks@radcliffechambers.com) instructed by Hunters Law LLP (9 New Square, London WC2A 3QN, tel 020 7412 0050) for the appellant.


Matthew Slater
(Ten Old Square, Lincoln’s Inn, London WC2A 3SU, tel 020 7405 0758, e-mail clerks@tenoldsquare.com) instructed by Mishcon de Reya LLP (Africa House, 70 Kingsway, London WC2B 6AH, tel 020 3321 7000) for the 2nd respondent.



Susannah Meadway
(Ten Old Square, Lincoln’s Inn, London WC2A 3SU, tel 020 7405 0758, e-mail clerks@tenoldsquare.com) instructed by Hunters Solicitors (9 New Square, London WC2A 3QN, tel 020 7412 0050) for the 11th to 13th respondent.



Francis Barlow QC
(Ten Old Square, Lincoln’s Inn, London WC2A 3SU, tel 020 7405 0758, e-mail clerks@tenoldsquare.com) instructed by Hunters Solicitors (9 New Square, London WC2A 3QN, tel 020 7412 0050) for the 14th to 16th respondent.



Piers Feltham
(Radcliffe Chambers, 11 New Square, Lincoln’s Inn, London WC2A 3QB, tel 020 7831 0081, e-mail clerks@radcliffechambers.com) instructed by Hunters Solicitors (9 New Square, London WC2A 3QN, tel 020 7412 0050) by written submissions, for the 1st and the 3rd to the 10th respondents.



Guy Vassall-Adams QC
(Matrix Chambers, Griffin Building, Gray’s Inn, London WC1R 5LN, tel 020 7404 3447, e-mail matrix@matrixlaw.co.uk) instructed by Media in-house (BBC) for the 1st intervener.


Claire Van Overdijk (Outer Temple Chambers, The Outer Temple, 222 Strand, London WC2R 1BA, tel 020 7353 6381, e-mail clerks@outertemple.com) instructed by Government Legal Department (One Kemble Street, London WC2B 4TS, tel 020 7210 3000, e-mail thetreasurysolicitor@governmentlegal.gov.uk) advocate to the court.

Cases referenced

Cases in bold have further reading - click to view.

  • A and anor v B and anor [2016] EWHC 340 (Ch)
  • A Healthcare NHS Trust v P [2015] EWCOP 15 (Fam)
  • A v British Broadcasting Corporation (Secretary of State for the Home Department intervening) [2015] AC 588
  • Attorney General v Leveller Magazine Ltd [1979] AC 440
  • B & P v The United Kingdom (Appln Nos. 36337/97 and 35974/97) the European Court of Human Rights
  • Bank Mellat v Her Majesty’s Treasury (No 2) [2014] AC 700
  • Bank Mellat v Her Majesty’s Treasury (No. 1)
  • Chapman v Chapman [1954] AC 429
  • Clayton v Clayton [2016] WTLR 955, [2006] EWCA Civ 878
  • DC v AC [2016] EWHC 477 (Ch)
  • Dunhill v Burgin (Nos 1 and 2) [2014] UKSC 18
  • Goulding v James [1997] 2 All ER 239
  • H v News Group Newspapers Ltd Practice Note [2011] 1 WLR 1645
  • In re Guardian News and Media Ltd [2010] UKSC 1
  • In Re S (A Child) (Identification: Restrictions on Publication) House of Lords [2004] UKHL 47
  • Independent News and Media Ltd v A [2010] WTLR 55, [2010] EWCA Civ 343
  • JIH v News Group Newspapers Ltd [2011] EWCA Civ 42
  • K v L [2012] WTLR 153, [2011] EWCA Civ 550
  • MXB v East Sussex Hospitals NHS Trust [2012] EWHC 3279 (QB)
  • Norman v Norman [2017] EWCA Civ 49, [2017] 1 WLR 2523
  • Practice Note (Variation of Trusts: Confidentiality Orders Pending the Hearing of Application), 9 February 2017, unreported, in CPR para.64 PN.1
  • PW v Chelsea And Westminster Hospital NHS Foundation Trust & Others [2018] EWCA Civ 1067
  • R (On the application of JC) v Central Criminal Court [2014] EWCA Civ. 1777, [2015] 1 WLR 2865
  • R v Legal Aid Board ex parte Kaim Todner (A firm) [1999] QB 966
  • R(C) v Secretary of State for Justice (Media Lawyers Association intervening) [2016] UKSC 2
  • Re Byng’s Will Trusts [1959] 1 WLR 375 at 381
  • Re Chapman’s Settlement Trusts and Re Rouse’s Will Trusts, practice note at [1959] 1 WLR 372
  • Re Holt’s Settlement [1969] 1 Ch 100
  • Re Weston’s Settlement Trusts [1969] 1 Ch. 223
  • Scott v Scott [1913] AC 417
  • Spens v IRC [1970] 1 WLR 1173
  • The Practice Guidance: Interim Non-Disclosure Orders [2012] 1 WLR 1003
  • V v T and A [2015] WTLR 173, [2014] EWHC 3432 (Ch)
  • X v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96

Legislation referenced

Legislation in bold has further reading - click to view.