![CH-2025-BRS-000001 - [2025] EWHC 2373 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png){kind=logo}
Introduction
Introduction
This is my judgment on an appeal by the claimant (hereafter “the appellant”) against the order of DJ Wales, made on 3 December 2024, on the respondents’ application, heard on 16 September 2024, and the handing down of his judgment on 29 October 2024. By that order, the judge removed the appellant as an executor of the wills of his parents, Jean Fernandez and Alexander Fernandez, now deceased, and also removed him, and any other person appointed by him, as trustees of a trust settled by the deceased in 2008 (of which the appellant was not an original trustee). Permission for the appeal was given by Mr Justice Michael Green on 3 March 2025. The appeal was argued before me by Julian Reed of counsel for the appellant, and by Toby Bishop and Hugh Jeffery of counsel for the respondents.
- 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