Source: All England Reporter
Publisher Citation: [2011] All ER (D) 141 (Oct)
Court: Chancery Division

Jeremy Cousins QC sitting as a deputy judge of the Chancery Division (judgment delivered extempore)

Representation Peter John (instructed by Haldanes) for the claimant.
  Hedley Martin (instructed by David Gillies) for the first defendant.
  The third defendant was not represented.
  Daniel Burton (instructed by David Gillies) for the fourth defendant.
Judgment Dates: 18 October 2011


Trust and trustee - Trust deed and deed of charge - Refusal of trustees to concur in sale - Claimant trustee in settlement involving stately home - Work required on house - Claimant seeking to sell house - Claimant's son and grandson (first and fourth defendants) opposing sale - Whether urgent need to sell house - Whether in interests of beneficiaries to market house more fully and seek higher price.

The Case

Trust and trustee Trust deed and deed of charge. The Chancery Division of the High Court, in dismissing the claimant's application to have a proposed sale of a stately home approved, held that to do so would not be to allow the trustees to act in accordance with their duty to give every possible advantage to the beneficiaries under the settlement regarding the house.

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