Sheffield v Sheffield [2018] EWHC 2360 (Ch)

WTLR Issue: Spring 2019 #174

JOHN DAVID SHEFFIELD

V

1. JOHN JULIAN LIONEL GEORGE SHEFFIELD

LIONEL JULIAN SHEFFIELD

SIMON ROBERT ALEXANDER SHEFFIELD

(as the Executors of JOHN VINCENT SHEFFIELD)

2. JOHN JULIAN LIONEL GEORGE SHEFFIELD

3. JOHN JULIAN LIONEL GEORGE SHEFFIELD

FERGUS HUGH STERLING GRAHAM

NICOLA ELIZABETH ANNE GRAHAM

JOHN FRANK RATCLIFFE

SIMON ROBERT ALEXANDER SHEFFIELD

Analysis

Following judgment upholding claims for various breaches of trust (Sheffield v Sheffield & ors [2014] WTLR 1039, [2013] EWHC 3927 (Ch)), the judge ordered accounts, on the footing of wilful default, and inquiries consequent upon the judgment. The accounting parties were the executors of (and standing in the shoes of) a defaulting trustee (“A”) and the individual who benefited from the breaches of trust (“B”). Agreement was reached in respect of certain accounts and the claimant (“C”) pursued other accounts and inquiries, in respect of various issues. The judge also ordered that A and B give standard disclosure to C of all documents relating to the accounts and inquiries, unless already disclosed. This order was not formally complied with. The parties were at liberty to apply to the Master.

Counsel details

Christopher Pymont QC (7 Stone Buildings, Lincoln’s Inn, London, WC2A 3SZ) instructed by Trowers & Hamlins LLP (3 Burnhill Row, London, EC1Y 8YZ) for the Claimant.


Richard Dew (Ten Old Square, Lincoln’s Inn, London, WC2A 3SU) instructed by Farrer & Co LLP (66 Lincoln’s Inn Fields, London, WC2A 3LH) for the First and Second Defendants.

Cases referenced

Cases in bold have further reading - click to view.

  • BCT Software v Solutions v C Brewer & Sons [2004] FSR 150
  • Hospira UK Ltd v Novartis AG [2013] EWHC 886 (Pat)
  • In re Skinner [1904] 1 Ch 289
  • Multiplex Construction (UK) Ltd v Cleveland Bridge UK Ltd [2008] EWHC 2280
  • Powles v Reeves [2016] EWCA Civ 1375; [2017] 1 Costs L.R. 19
  • Sycamore Bidco Ltd v Breslin [2013] EWHC 583