Schumacher v Clarke

The jurisdiction to remove executors and trustees (under section 50 of the Administration of Justice Act 1985 and the court's inherent jurisdiction) is concerned primarily with the estate and the best interests of the beneficiaries as a whole, does not depend on proof of wrongdoing, and is procedurally distinct from ordinary inter partes litigation so that it should normally be brought under CPR Part 8 and resolved without a full trial.