![CH-2025-BRS-000001 - [2025] EWHC 2373 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png){kind=logo}
Heading
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN BRISTOL
CHANCERY APPEALS (ChD)
ON APPEAL FROM DISTRICT JUDGE WALES
Bristol Civil Justice Centre
2 Redcliff Street, Bristol, BS1 6GR
Before :
HHJ PAUL MATTHEWS
(sitting as a Judge of the High Court)
Between :
JULIAN LINDSAY FERNANDEZ | Appellant |
- and - | |
(1) LEESSA KAREN FERNANDEZ (2) GRAEME NICHOLAS FERNANDEZ -and- (1) VANESSA ANNE FERNANDEZ (2) THE ESTATE OF NIGEL ANTHONY GREYSTONE FERNANDEZ (3) TAMSIN FERNANDEZ (4) DAISY FERNANDEZ (5) PATRICK FERNANDEZ (6) PHILIP GEORGE | Respondents Defendants to Counterclaim, |
Julian Reed (instructed by Kitson & Trotman) for the Appellant
Toby Bishop and Hugh Jeffery (instructed by Charles Russell Speechlys LLP) for the Respondents
Hearing dates: 8 July 2025
This judgment was handed down remotely at 10:30 am on 22 September 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archive
HHJ Paul Matthews :
- Heading
- Introduction
- Background
- The claim and the counterclaim
- Procedural matters
- The judgments below
- Grounds of appeal
- Stay and permission to appeal
- Appeals
- The arguments
- Nick and Leessa
- The law
- Removal of trustees
- Conflicts of interest and making unauthorised profits, as applied to executors and trustees
- Costs
- The grounds of appeal: discussion
- Ground 2: Failure to consider that the estate was substantially administered with the beneficiaries’ agreement
- Ground 3: Improper and erroneous conclusions
- Ground 4: Improper removal of the trustee from a discretionary trust
- Ground 5: Unwarranted criticism of an earlier district judge
- Ground 6: Procedural irregularities and unequal treatment prejudiced the appellant
- Ground 7: Significant misunderstanding of facts
- Ground 8: Failing to give sufficient weight to evidence corroborating the appellant’s position
- Ground 9: Erroneous order for costs against the executor
- Ground 10: Costs awarded on an indemnity basis
- Ground 11: Failure to provide adequate reasons for decisions
- Final comment
- Conclusions