has mediated disputes involving the following issues:
• Claim for proprietary estoppel in respect of a farm left between siblings and contrary to various wills, letters of wishes and tenancy and farm asset agreements.
• Claims between brothers following caveat, for lack of capacity, entered against deceased’s mother’s codicil reallocating shares in the family business.
• Claim by mortgagor against mortgagee and LPA Receiver for breach of duty to obtain a reasonable price following alleged failure to approach interested parties.
• Claim for negligence against life insurance company following misinformation about policy being in trust for ex-wife of deceased, including considerations of hypothetical exercise of trustees’ discretion and claims under the 1975 Act.
• Claim under the 1975 Act for financial provision by adult child against sibling beneficiaries.
• Claim by estate against quasi-partners of deceased for proceeds of life insurance placed to support options for share buy-back in the event of death.
• Claim to invalidate a lifetime transfer of shares in a family company which appeared to take no account of the disadvantage to another branch of the family donees.
• Claim for knowing assistance in breach of fiduciary duty against spread-betting company for collusion in secret commissions to introducing brokers.
• Dispute between Executors regarding deceased’s share in a farming and haulage partnership with his brother, involving 200 acres.
• TOLATA claim by former cohabitee 11 years after separation, including claims for adjustment to express trust, occupation rent and equitable accounting.
• Dispute between three generations of a farming family regarding work carried out and investments made in reliance on promises said to give rise to promissory estoppel and constructive trusts.
• 1975 Act claim against surviving sons by surviving partner of a divorced, and intestate, Hindu, following his conversion to Islam, an Islamic wedding ceremony and alleged cohabitation with the surviving partner, as well as on the basis of maintenance during the lifetime of the deceased.
• Dispute between former friends about the transfer of properties and other partnership dealings alleged to have been facilitated by fraudulent misrepresentations.
• Multi-generational dispute between executors of two sibling partners’ estates involving the division of residential and commercial properties and business assets.
• Claim by wife of pathological gambling addict against online gambling company for return of £1.7m taken from her account and said to have been knowingly received by the defendant, with an alternative claim for breach of duty in allowing a gambler who had attempted to self-exclude to continue to gamble, in her name.
• Dispute regarding the terms of a lease to be negotiated between the executors of a landlord and the business tenantsof land within the deceased’s estate, arising out of allegationsof understandings and agreements reached between the deceased and the tenant.
• Dispute between the beneficiaries of two separate estates
as to the ownership of a house shared between the two deceaseds.
• A TOLATA dispute in respect of a substantial commercial property in north London following disagreement between
the investors as to the future development of the building
and realisation of the investment.
• Dispute between elderly widow, her daughter and her son concerning his management of the deceased’s substantial property estate allegedly in fraudulent breach of his duties to the other family members.
• TOLATA claim by executors against deceased former partner
for the benefit of the children of the relationship.
• Dispute between beneficiaries as to testamentary capacity
and undue influence over alcoholic testator.
• Restitutionary claim by pension company against scheme member following mistaken over-payment.
• Claim by trustee in bankruptcy of an estate against
the son of the deceased in respect of an undervalued
• Claim for unjust enrichment by a firm of accountants against
a no-win-no-fee tax specialist following a recovery by HMRC
of substantial avoided tax against their client.
• VAT Tracing claim by a in respect of monies advanced for the purpose of acquiring shares pursuant to alleged oral and implied agreements between various parties.
• Claims by trustees in bankruptcy in respect of sham trusts.
• Dispute between parents and widow of an intestate in respect of outstanding lifetime loans and commercial transactions.
• Probate dispute between three siblings in respect of the effect on entitlements to two estates, those of the mother and of an aunt, following the discovery of lifetime payments by the aunt
in circumstances giving rise to questions of mental capacity.
• Dispute between beneficiaries and trustees following the settlement of an intestate's estate in Tenerife, apparently
in accordance with a "Letter of Wishes", including issues
of entitlement, interpretation, legal capacity and effect.
• Dispute between joint trustees (and beneficiaries) regarding
the accounting for lifetime payments by a Deputy under the Mental Capacity Act 2005 and related issues of capacity in respect
of two wills.
• Dispute between father, daughter and sibling over access to and use of trust funds during father's detention by HMP for sex offences against children.
• Various claims between former partners and related third-party investors under the Trusts of Land and Appointment of Trustees Act 1996.
dispute as to the respective entitlements of sibling
beneficiaries to the ownership and control of an inherited
nursing home business.
between trustees of landholding trust and various agricultural
and business tenants.
between charitable trusts in the education sector, relating
to termination of collaboration agreement and division
of intellectual property rights in course materials
and territorial rights to enroll for courses developed
under the agreement.
of fiduciary duties and breach against an external accountant
acting as finance director and adviser.
against former finance manager for misappropriation.
disputes involving allegations of breach of fiduciary
duty against directors.
for breach of fiduciary duties and in particular secret
profits and conflict of interests against former managing
claim by charitable trust against
involving schools academies trust, the local authority
auditor, the headmaster and the trust’s directors
over the entitlement of the head to enhanced remuneration
resulting from consultancy services provided to other
disputes involving claims by liquidators against former
directors for breach of trust in dealing with company
Stuart has experience of litigating
and advising on a number
of trust-related disputes,
including the following:
for main bankers in providing evidence to SFO investigating
use of pension scheme assets to secure corporate borrowing
in breach of trust.
between trustees and licensor relating to collection
of firewood on trust estate.
claims against third parties involving various jurisdictions
relating to the misappropriation and movement
Jersey trustee company in guarantee claims by various
Mareva and Anton Piller applications relating
against fiduciaries of breach of trust.
on breaches of trust relating to use of joint venture
funds in middle-east engineering project.