Thursday 1 December 2022
By Appellants Notice filed on 25 April 2022, the First and Second Defendants (D), appeal the three findings at paragraph 65 of the judgment of, and paragraph 1 of the order of HHJ Pearce dated 4 April 2022, sitting in Manchester County Court
Background – C issued a Part 7 claim on 18 February 2019 against the First Defendant (the deceased’s brother) and Second Defendant (D1’s wife) for declaratory relief and enquiries, together with an order for sale and for compensation, on account of D’s alleged breach of trust in dealing with land near Church Street, Sheffield.
The land (which comprised 3 main parcels) had been purchased by the deceased and D1 in 1990 as tenants in common. D were aware of the deceased’s death in 2009. Most of the land was sold on 3 transfers in 2011, 2014 and 2019, in a way C says was inconsistent with the terms of the trust on which it was held.