Consideration of the joinder of trustees following an application to vary a nuptial settlement
- W sought to vary two trusts (based in Switzerland and the BVI respectively) on the grounds that they were nuptial settlements.
- W applied to join the trustees as parties to the litigation.
- Moor J granted W’s application and joined the trustees as parties to the litigation.
- His lordship expressly disagreed with Mostyn J’s conclusions in DR v. GR  EWHC 1196 that once the trustees had been served, matters could be determined without the need for them to be necessarily joined as parties.
- Moor J held that Munby J (as he then was) had been very clear in A v. A & St. George’s Trustees that for orders to be binding on trustees they had to be joined as parties.
- In addition, the right to a fair trial enshrined in Article 6 of the European Convention on Human Rights requires trustees to be joined before any court ordered a variation of the trusts of which they were trustees.