Matthew Duncan explains why a 60-year-old settlement is subject to the Human Rights Act
John Christopher Druce, a former partner of Druces and Attlee (now Druces) created a settlement on 10 December 1959. He died in 1972.
The vesting day of the trust was 10 December 2019 – the 60th anniversary of the trust. The trustees sought clarification as to the identity of the members of the class of beneficiaries of the settlement – both as a matter of construction of the settlement and as a matter of fact – to enable them to make a final distribution from the settlement fund.
The trustees applied to the High Court for an order pursuant to section 48 of the Administration of Justice Act 1985, having obtained written opinions from Henry Legge QC and on which they were seeking to rely.
In his judgmen...