Source: All England Reporter
Publisher Citation: [2001] All ER (D) 98 (Feb)
Court: Chancery Division

Blackburne J

Representation Rupert Higgins (instructed by Goughs, Wiltshire) for the appellant.
  Paul Infield (instructed by Lee & Co, Camberley) for the respondent.
Judgment Dates: 8 February 2001


Land - Trust property - Trust for sale - Court order providing for sale of trust property on or after certain future date - Order directing that sale be either as agreed or as directed by court - Parties being granted liberty to apply - Party subsequently applying to court - Court dealing with application afresh and making fresh order further postponing sale - Whether original order determinative - RSC Ord 31, r 2 - ss 14, 15.

The Case

An appeal against a master's decision that he was free to disregard an earlier order as to the sale of property the subject of a trust, and to make his own order under the powers granted by ss14 and 15 of the Trusts of Land and Apportionment of Trustees Act 1996, was rejected on appeal on the basis that the master had misinterpreted the original order.

Practice Areas

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