Litigation Recent Decisions 15/11/94

Alsop Wilkinson: application by trustees dismissed

Trustees and directions to defend a trust action

Alsop Wilkinson (a firm) v Anthony Neary, Elizabeth Mary Le Poidevin, Geoffrey William Fisher and Abacus Trustees (Jersey) (1994) (Ch.D 25/10/94) (Lightman J)

Summary: Application by trustees for directions as to defending action should be by a separate application with the beneficiaries as parties.

Application by defendant trustees of a settlement allegedly funded from funds misappropriated by the settlor from the plaintiff solicitors' clients' account, for directions as to whether they should defend the action and if so for a pre-emptive order as to costs.