Is it still good law? ⚠️ This case has negative treatment (1 citation(s): e.g. doubted / not followed / overruled). Check carefully before relying on it.
How to cite
[2014] EWHC 1178 (Ch)
Neutral citation format (OSCOLA). Always confirm against the official judgment.
“…ht to rely on two cases concerned with trust powers: Kain v Hutton [2008] NZSC 61; 11 ITELR 130, which was cited by Newey J (as he then was) in Briggs v Gleeds [2014] EWHC 1178 (Ch); [2015] Ch 212. I am doubtful whether reference to cases about trust powers is going to be helpful in the present context, where we are concerned with statutor…”
“…judge considered this argument at [101] to [114], together with the discussion of the Wembley case by Newey J (as he then was) in Briggs v Gleeds (Head Office) [2014] EWHC 1178 (Ch), [2015] 1 Ch 212. He concluded that the reasoning of Vos J in the Wembley case depended on the fact that the scheme trustees had come under an enforceable obli…”
“… a suggestion, regardless of the fact that the order may have been perfected long before. I referred to what I take to be an example of this in Briggs v Gleeds [2014] EWHC 1178 (Ch), [2015] Ch 212. As I mentioned in paragraphs 116-117, Millett J appears to have excised the words “and ‘accrued’” when approving the report of In re Courage Gr…”