Whether the act of deliberating upon a discretion is itself reviewable where no decision is recorded. Held: it may be, where the deliberation discloses a fettered mind.
Court of Appeal · Kowalczyk-Reid for the appellantTrustee declining to distribute over eleven years without recording a refusal. Held: no decision, therefore nothing to review. Doubted in Ashgrove.
Chancery Division · Idowu for the trusteeCharitable trustees and the duty to consider a class. Held: the duty is to consider, not to distribute, but consideration must be evidenced.
Chancery Division · Fennimore for the claimantCross-border succession and the situs of a discretionary interest. Held: the interest is situate where the trustee is resident.
Supreme Court · Kowalczyk-Reid for the respondent