Andrew Williams appears in the Court of Appeal

February 22, 2024

Andrew Williams appeared in the Court of Appeal this week in Brealey v Shepherd & Co, leading John Meehan from Kenworthy’s Chambers.

The case involved an estate.  The question arose as to whether the solicitor appointed by the will as executor is entitled to charge for his work in his role as executor in the absence of a charging clause in the will.

The Court of Appeal comprising Coulson LJ, Newey LJ and Sir Nicholas Patten heard argument concerning the interpretation of section 29 of the Trustee Act 2000 as well as the test relating to the court’s exercise of its inherent jurisdiction to award remuneration to a trustee for services provided.

The morning session is available for viewing on the Court of Appeal’s livestream here:

The afternoon session is available here: Brealey (claimant/respondent) v Shepherd & Co Solicitors (defendant/appellant) ( Judgment was reserved.

Andrew Williams appeared for the Respondent.  He was instructed by Will Jones of Jones & Co Solicitors.