Perry v Neupert [2019] EWHC 52 (Ch)

WTLR Issue: Spring 2020

MRS LEA LILLY PERRY

MS TAMAR PERRY

V

DR DIETER WALTER NEUPERT

ADMINSTRUST VERWALTUNGS ANSTALT

LOPAG TRUST REG

Analysis

The claimants were the widow and the daughter of the deceased who died on 8 March 2015. The deceased executed an English will (“the Will”) dealing with his UK assets and appointing a Swiss lawyer (the 1st defendant) as his executor and trustee. The widow (the 1st claimant) was the sole beneficiary of the English estate. There was a breakdown of relations between the 1st claimant and the 1st defendant. The daughter (the 2nd claimant) supported the widow. The claimants applied for an order under section 50 of the Administration of Justice Act 1985 removing the 1st defendant as executor and for their own appointment as personal representatives, or as a fall-back position, their appointment together with an independent, professional, trustee. The claimants were discretionary beneficiaries under various Liechtenstein trusts established by the deceased. They claimed that the 1st defendant and his associates were acting in breach of trust and aggressively against the interests of the beneficiaries of those trusts.

Counsel details

Paul Chaisty QC, (Serle Court, 6 New Square, Lincoln’s Inn, London WC2A 3QS, tel: +44 (0) 20 7242 6105, email: clerks@serlecourt.co.uk) Andrew Grantham (Kings Chambers, 36 Young Street, Manchester M3 3FT, DX: 718188 MCH 3, tel: 0161 832 9082,
email: clerks@kingschambers.com), instructed by Bridge Law Solicitors Limited (42 Town Street, Marple Bridge, Cheshire SK6 5AA, tel: 0161 427 0084, email:
cs@bridgelawsolicitors.co.uk) for the claimants.

Justin Fenwick QC and Tim Chelmick (4 New Square, Lincoln’s Inn, London WC2A 3RJ, tel: +44 (0)20 7822 2000, email: general@4newsquare.com) instructed by
Byrne and Partners LLP (1 Plough Place, London EC4A 1DE, 392 Chancery Lane,
tel: +44 (0) 20 7842 1616, email: info@byrneandpartners.com) for the second and third defendant.

Cases referenced

Cases in bold have further reading - click to view.

  • Charles Haynes v (1) Raymond Andre and (2) Kathleen Haynes (Unreported, 5 January 2018).
  • Gayle & Another v Gayle & Ors [2016] EWHC 2587 (Ch).
  • Harris v Earwicker [2015] EWHC 1915 (Ch)
  • Heath v Heath [2018] EWHC 779 (Ch).
  • Jeffery v Jeffery [2013] EWHC 1942 (Ch).
  • JSC BM Bank (a company incorporated in Moscow) v Kekhman and others [2018] EWHC 791 (Comm).
  • Paragon Finance Plc v DB Thakerar & Co (a firm) [1999] 1 All ER 400.
  • Three Rivers District Council v The Governor and Company of the Bank of England [2003] 2 AC 1

Legislation referenced

Legislation in bold has further reading - click to view.