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The Supreme Court has denied leave to appeal the Court of Appeal judgment in Gatfield v Hinton, that upheld a High Court decision ordering tethered mediation and arbitration. For background see May and New is not a reason not to. As noted by the Supreme Court at [9]: References
The Court of Appeal decision in Gatfield v Hinton represents an important waypoint regarding the ADR provisions of the Trusts Act 2019. The decision traverses a range of matters including: ADR can only be ordered in respect of internal matters that do not relate to the validity of all or part of a trust. In … Continue reading
Innes v Darlow relates to an application for an order referring the parties to mediation pursuant to section 145 of the Trusts Act 2019. The background of the matter is set out at [13] as follows: “The plaintiff alleges that [her parents] (who were two of the three trustees of the Trust) agreed, promised or … Continue reading
The current decision in the long-running case of Addleman v Lambie Trustee Limited & Ors relates primarily to whether the Court should order that the parties attend mediation pursuant to section 145 of the Trusts Act 2019. An appendix to the above decision (copied below) sets out a summary of Mrs Addleman’s concerns regarding the … Continue reading
In Wiggins v Wiggins the court explores the parameters of section 145 of the Trusts Act, which provide that the Court, may, at the request of a Trustee or a beneficiary or on its own motion, submit any internal matter to an ADR process other than in the situation where the terms of the Trust … Continue reading
Matters of Trust 