The former chief executive of Southern Water faces up to ten years in prison after being charged with conspiracy to defraud over an alleged plot to manipulate water quality tests to avoid millions of pounds in penalties.

Matthew Wright, who was the CEO of Southern Water from 2011 until the end of 2016, has been charged alongside three other former employees at the firm, the Environment Agency said.

It is alleged that between January 1, 2012 and December 31, 2017 the men conspired to defraud the Environment Agency and Ofwat, the water regulator, by manipulating water quality compliance testing. 

This involved ensuring there was not adequate water flow through sites for sampling when bosses believed water quality tests would be failed.

The Environment Agency previously asked a judge to issue a summons against Wright, as well as Philip Barker, Clive Massey and Mark Gregory, who also worked at the company.

The summons was issued last year but Wright then launched a legal challenge over the move, with his lawyers telling the High Court in June that the Agency did not have the power to issue it and that it should be thrown out as a ‘nullity’.

On Wednesday, two senior judges dismissed Wright’s claim, and ruled that restrictions previously preventing reporting of the legal challenge should be lifted.

The offence of conspiracy to defraud carries a maximum jail term of ten years in prison.

Lawyers for Wright said he ‘denies all wrongdoing and has cooperated fully with the Environment Agency’s investigation’. 

It is alleged that between January 1, 2012 and December 31, 2017 the men conspired to defraud the Environment Agency and Ofwat, the water regulator, by manipulating water quality compliance testing (Pictured: Margate waste water site)

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Separate court listings show that the case against 61-year-old Wright, of Haslemere, Surrey, Barker, 58, of Chiltington, West Sussex, 65-year-old Massey, of Brandhill, Shropshire, and 64-year-old Gregory, of Southampton, were scheduled to be heard at Medway Magistrates’ Court on July 14.

The four are accused of conspiring to ‘defraud persons performing public duties in respect of environmental and financial regulation’ of Southern Water, including the EA and Ofwat, by ‘the implementation of artificial no-flow events at waste water treatment works’.

Southern Water has separately been charged with dozens of offences of failing to comply with or contravening an environmental permit condition between 2013 and 2017 at multiple wastewater treatment works.

Three further people will also face charges linked to failure to comply with or contravening environmental permit conditions.

Terry Stephens, 68, of Waterlooville, Hampshire, is charged with one count, alleged to have taken place in 2015.

David James, 60, of Worthing, West Sussex, is also charged with one count, alleged to have taken place in 2016.

Mark Butler, 47, of Hassocks, West Sussex, is charged with eight counts, alleged to have taken place between 2015 and 2024.

Wastewater treatment works can only be run with an environmental permit issued by the EA.

Treated effluent discharge from the works is tested under an ‘operator self-monitoring’ (OSM) scheme introduced in 2009, which sees discharges tested annually in unannounced visits.

The tests are carried out by sampling teams, which operate separately from teams that run the works.

The results of the tests are shared with the EA and water regulator Ofwat, and can lead to penalties if the works do not comply with the terms of their permits.

If the discharge flow at the time of the test is insufficient to take a sample, this is not regarded as a fail, and no samples are taken for the rest of the testing period.

Rules around OSM have been tightened in the past year, including that samples must be rescheduled in the event that the flow is insufficient, with the current Labour government pledging to end the practice.

In his ruling issuing the summons against the four men last year, District Judge Stephen Leake said: ‘The agency alleges, in the present case, that there was a deliberate plan by officers of the company to manipulate the OSM regime by contriving operational circumstances so that there was no flow through the relevant site at times when it was believed that the site would, or might, fail the OSM test, in order to avoid the consequences of the true OSM result being provided to the agency and Ofwat.’

But lawyers for Wright told the High Court that the EA only has the power to bring private prosecutions for environmental offences, not those such as fraud or conspiracy.

Barristers for the EA said that the body had a general power to bring private prosecutions, and alternatively that allegations of conspiracy to defraud were connected to its functions.

Massey, Gregory and Barker did not appear at the hearing in London and were not represented.

Lord Justice Popplewell, sitting with Mr Justice Hilliard, ruled on Wednesday that the EA only being able to prosecute environmental offences would ‘produce unreasonable and anomalous results’.

He continued that the law ‘enables the EA to prosecute for any offence of any nature in circumstances in which such a prosecution is capable of being calculated to facilitate, or conducive or incidental to, the carrying out of any of its functions’.

In the 48-page judgment, the senior judge continued that the charge against Wright involves ‘very serious allegations of criminal misconduct’.

He said: ‘What is alleged … involves carefully planned and extensive fraud and dishonesty at a high level within the company and on a large scale, including, for example, arranging for wastewater to be removed from facilities by tankers in order to create no flow results, with a view to covering up pollution and deceiving those whose function is to protect the public from such harm.

‘The EA says that by the company’s own assessment, it avoided penalties of the order of £45 million, and on the EA’s assessment the figure is higher.’

Following the judgment, an EA spokesperson said: ‘We can confirm that we are taking criminal proceedings against Southern Water Services Limited and a number of former employees.

‘We take our responsibility to protect the environment very seriously and will always pursue and prosecute those alleged to have committed serious offending against the environment. We welcome this important judgment.’

An Environment Agency spokesperson said: ‘We can confirm that we are taking criminal proceedings against Southern Water Services Limited and a number of former employees.

‘We take our responsibility to protect the environment very seriously and will always pursue and prosecute those alleged to have committed serious offending against the environment. We welcome this important judgment.’

Environment Secretary Angela Eagle said: ‘The public are rightly sick of environmental pollution – and attempting to cover it up is outrageous. Anyone found guilty of this crime will face the full force of the law. 

‘This government will always back tough enforcement action to protect our rivers, lakes and seas.

‘We have already committed to ending the practice of operator self-monitoring to ensure this cannot happen again in the future.’

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The local council is looking into ways to crack down on anti-social behaviour after reports from locals

A council wants to crack down on anti-social behaviour after locals reported public intoxication and urination among other issues. Huntingdonshire District Council (HDC) is looking to put in place a Public Spaces Protection Order (PSPO) within the inner ring road of Huntingdon.

A spokesperson for the council said: “Behaviours that have been concerning people local to the area include public intoxication, urination/defecation and intimidating behaviour such as, abusive and upsetting language, verbal abuse to visitor, businesses and residents and acting in a manner that causes alarm and distress.”

PSPOs aim to stop individuals and groups from committing anti-social behaviour in public. A PSPO would allow Huntingdonshire District Council to put restrictions and requirements in place, and any breaches of these are a criminal offence. Offenders could face fixed penalty notices (currently set at £100), or prosecution in criminal court.

A spokesperson for HDC said: “This proposed PSPO has been designed as a partnership response to the anti-social behaviour which has had a detrimental effect on the quality of life of those in the locality. The effect or likely effect of this anti-social behaviour is, or is likely to be, persistent or continuing in nature, is or is likely to be, unreasonable and justifies the proposed restrictions and requirements being imposed as part of a PSPO.

“The proposed restrictions and requirements are proportionate and necessary to prevent the anti-social behaviour from continuing, occurring or recurring. If the consultation is successful, the PSPO will be jointly enforced by Huntingdonshire District Council and Cambridgeshire Constabulary (Police).”

It is proposed the PSPO would be in place for three years, with a review each year.

Jade Thirlwall appeared to hint at her split from boyfriend Jordan Stephens in a recent interview, weeks before it emerged that their relationship was over.

The former couple lived together and split their time between properties in London and Margate in Kent, but are said to have separated earlier this year.

Jordan, 34, has since wiped all trace of Jade, 33, from his Instagram and she has also removed all images of the singer from her own page.

Jade appeared to allude to her relationship woes in an interview last month, as she shared she was ‘going through something privately’.

Speaking about writing her upcoming second album, the hitmaker said she was channelling anything that had happened in her life into her new music.

She said: ‘Right now, I don’t even know where it’s heading. I’m just writing stuff. Whatever I’m going through at the minute, like privately, I’m sort of putting pen to paper.’

Jade told The Fader: ‘I think this is the exciting phase or the experimental phase, where you don’t know what it’s going to be yet. 

‘For me, that’s sometimes the most magical part as an artist when you’re writing music. Come and ask me in a few months’ time and we’ll see where we’re at.’

According to The Sun, Jade and Jordan remain close and friends are hoping for a reconciliation. They still follow each other on Instagram at the moment.

Sharing details on the alleged split, an insider told the publication: ‘Jade and Jordan had a very serious and loving relationship but recently they have had some frank discussions about their future and have decided to separate.

‘It’s not been an easy time but they’ve both been throwing themselves into work.

‘Their friends adore them as a couple and are really hoping they get back together but it’s still very raw at the moment.’

The Daily Mail has approached Jade and Jordan for comment.

They notably failed to honour their sixth anniversary with a social media post, which they had previously done in the past.

The singer, pictured with Jordan, appeared to allude to her relationship woes in an interview last month, as she shared she was ‘going through something privately’

Their last joint appearance was at the Brit Awards in February, but they have not been seen together since. 

Hinting at potential heartbreak while discussing working on her new album, Jade told Fader in June: ‘I’m just writing stuff. Whatever I’m going through at the minute, like privately, I’m sort of putting pen to paper.

‘I think this is the exciting phase or the experimental phase, where you don’t know what it’s going to be yet.’

Jade, who attended bandmate Perrie Edwards’ wedding without Jordan this summer, shared photographs from a trip to Sri Lanka at the start of the year.

They met during lockdown through a series of Zoom dates.

She previously claimed finding love with Jordan during the pandemic was a ‘strange’ experience.

Jade said she hadn’t been ‘looking for anyone’ at the time as she was relishing her independence.

Speaking in Metro’s Guilty Pleasures column at the time, she explained: ‘I ended up meeting someone in lockdown which is strange… I quite enjoyed doing it that way.

‘We had real dates and really got to know each other. I wouldn’t say I was looking for anyone at the time.

‘I was happy to be in lockdown because I am independent. I think you can still strive in your singleness in lockdown.’

Jade, who split from her ex Jed Elliott after three years together the July prior, said it was ‘really important’ to her to be with someone who supported her and felt she was a ‘good match’ with Jordan.

Jordan is one half of pop act Rizzle Kicks, who first launched in 2008 until 2016, before breaking for a hiatus until 2024. 

Jordan also worked on Jade’s debut album That’s Showbiz Baby! which was released last year.

Jade said at the time: ‘I actually really didn’t want to date a musician. I’d done it previously; it never works out well. But it’s amazing now. We write together.

‘He’s on my album; I’m on his. Jordan’s on the backing vocals for Headache.’

The slump was worse than the national average and whilst provisional June figures tend to have York performing better than the national average, even if sales and footfall remain well down.

However, there is much support for the view that other factors are at play, such as the wider economy, a shift to online sales, and the city centre needing to improve its retail offer.

Both York BID and Cllr Pete Kilbane, executive member for economy at City of York Council have both cited these factors as they grapple with problems seeking solutions.

However, one reader pointed out that in his statement to the Press, Cllr Kilbane saying “there are significant factors beyond parking charges” it was “an admission that parking charges are a factor.” It was also “a factor the council can control” with it able to pull a lever “to at least help the situation somewhat.”

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Another reader told the Press: “I don’t shop or visit York because of parking charges even though it’s the town I was born in and lived in for thirty years.”

The May figures from York BID, which sparked the debate. The provisional figures are better. (Image: Pic supplied)

One said he used to go to the city centre on Saturdays for coffee and a shop when parking was cheaper, but they haven’t been since July, costing retailers £200 a month from themselves alone.

Another said: “If parking was cheaper more people would go into town and they’d have more money to spend in local businesses.”

With one adding: “The incompetence of these people (councillors) is beyond belief, not seeing the reality of their decisions shows their arrogance and lack of understanding.”

However, the council had support from one reader for discouraging car use and encouraging more use of bikes and public transport.

They said: “This has made the city centre a much more pleasant place to be and is broadly similar to many historic cities in the UK and across continental Europe.”

Another said: “Car parking uses prime city centre land. I’m not sure why people who choose to park in the centre shouldn’t pay an appropriate rate. As well, it seems to me that the car parks are approximately as busy as ever.”

Cllr Pete Kilbane says other factors are also causing a drop in sales and footfall. (Image: Pic supplied)

One reader called on retailers to look at the quality of the goods and services they were selling.

They said: “It’s tough to compete with the ever-increasing trend for online shopping but blaming car parking charges doesn’t cut the mustard.”

One reader, who lives on the edge of the city, said they used to go to the city centre every Friday to buy clothes and records, which was their highlight of the week.

They said: “But most of those shops have disappeared and haven’t been replaced. Instead, the city centre has seen a huge influx of coffee shops, cafés, bars, and restaurants.”

Whilst there are plans to redevelop Coney Street and the Riverside area soon, its current appearance may be a deterrent.

Andrew Lowson, executive director of York BID, addressing the parking issue at the business group’s AGM last week. (Image: Darren Greenwood)

One reader said: “Walking up Coney St, and trying to spend a decent amount of money, particularly in clothes retail, is almost impossible.

“The street is full of tat and pop-up venues. Look upwards at the buildings, apparently grade 2. A shabbier street would be hard to find.”

Coney Street is set for a revamp soon, which our readers say is much needed. (Image: Pic supplied)

Either way, York BID has offered to help the city council come up with a solution, with executive director Andrew Lowson suggesting lower charges in quieter periods. Our readers suggest similar.

One said: “Trial giving York residents a few hours free parking on quiet days – problem solved.”

Another agreed: “Give York residents an incentive to come in – free 4 hour parking on Monday mornings, free first hour other weekdays – I’d use it.”

And a word with the new occupants of Downing Street might also be needed.

One reader added: “High Parking charges always put people off but over the last 2 years the Labour government have taxed people so much they don’t have as much free cash to spend.”

Chicken tenders and chicken strips are not the same

People were pretty surprised by the news

Due to the outstanding issues including medical reports, Madam Justice McBride said it made no sense to set a date today for the trial to commence

A Strabane man appeared in court today where he denied murdering father-of-two Stephen Holmes.

Mr Holmes, 31, passed away in hospital last February following an assault in a house in the Beechmount Village area of Strabane.

The man accused of his murder appeared in the dock of Belfast Crown Court today where he was flanked by two prison officers.

From Beechmount Village, Dylan McCrossan – whose brother is West Tyrone SDLP MLA Daniel McCrossan – confirmed his identity to a court clerk.

The 33-year old was then charged with murdering Stephen Holmes on February 8, 2025 and when asked how he pleaded, McCrossan replied “not guilty.”

After his client was arraigned, a defence barrister told Madam Justice McBride a medic has been engaged to carry out an assessment and report on McCrossan.

The barrister revealed the doctor and McCrossan have met twice and that the “only matter” now delaying the report was that the medic “wants to explore the previous criminal record” of the accused.

He added that the doctor has “indicated to us that he will have the report with us within a matter of weeks once he receives that.”

McCrossan’s barrister also told Madam Justice McBride that once the medical report is received, it may have a “potential knock-on effect in terms of the defence statement.”

In response, a Crown barrister told the Judge that the prosecution “may need” to instruct its own medical expert once the defence report has been received.

When Madam Justice McBride enquired about how long the trial is estimated to last, she was informed it will take between two to three weeks.

Due to the outstanding issues including medical reports, Madam Justice McBride said it made no sense to set a date today for the trial to commence.

Instead, the senior judge said she would review the case on September 18 when there was a “possibility” of moving towards setting a date for the murder trial.

She also granted a defence request for McCrossan to appear via videolink for the review and following his arraignment, he was remanded back into custody.

No details concerning the fatal incident were aired today – but during a previous court hearing it emerged that Mr Holmes sustained what the PSNI described as “significant injuries” on February 3, 2025.

The Strabane man was initially taken to Altnagelvin Hospital in Derry before being transferred to the Royal Victoria Hospital in Belfast where he passed away on February 8.

For all the latest news, visit the Belfast Live homepage here and sign up to our daily newsletter here.

By PHILLIP NIETO, US POLITICAL REPORTER

Published: 13:07 BST, 22 July 2026 | Updated: 13:53 BST, 22 July 2026

Donald Trump will allow Saudi Arabia to develop its own civilian nuclear program under a sweeping new deal as the Iran war spirals into the Red Sea and oil races toward $100 a barrel.

The agreement is reported to be worth tens of billions of dollars and structured to give US companies a central role in building the kingdom’s uranium enrichment facilities on Saudi soil. 

Saudi leaders are said to have agreed only to limited international inspections of the sites. Those arrangements are intended to stop enriched fuel being diverted towards weapons. 

Some US lawmakers and Israeli officials have opposed the plan, fearing the Saudis could use a civilian program as a stepping stone to nuclear weapons. Trump has dropped the previous condition that any such deal be tied to Saudi recognition of Israel.

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Trump’s deal is expected to last 30 years and now heads to Congress, where opponents would need a veto-proof supermajority to block it.

The agreement is controversial in part because the US went to war with Iran to stop Tehran from enriching uranium for its own nuclear program.

It comes as the war widened this week, with Iranian-backed Houthi militants declaring a naval blockade of Saudi Arabia. The move threatens the Red Sea route through which the kingdom has been diverting millions of barrels of oil a day around the effectively closed Strait of Hormuz

Closing Bab al-Mandab as well could cut off a quarter of the world’s oil and gas supply. Heightened tensions in the Gulf pushed Brent crude to $95 a barrel by Wednesday morning, according to the New York Times.

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Donald Trump will allow Saudi Arabia to develop its own civilian nuclear program under a sweeping new deal as the Iran war spirals into the Red Sea

Iranian-backed Houthi militants declared a naval blockade of Saudi Arabia this week

Trump’s agreement is controversial in part because the US went to war with Iran to stop Tehran from enriching uranium for its own nuclear program

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Under the terms of the pact, Riyadh would be barred from enriching uranium on its own, or with any other foreign partner, for a decade if Washington objects once a joint study is completed.

Saudi Arabia’s crown prince, Mohammed bin Salman, has previously vowed that his country would ‘without a doubt’ build nuclear weapons if Iran developed them.

The kingdom has faced mounting drone and missile attacks by Iran on its military and civilian infrastructure since Tehran’s war with the US resumed earlier this month. 

Saudi officials insist the program is strictly civilian and will allow the kingdom to power its homes with nuclear energy, freeing up more crude for export.

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The announcement landed as US forces completed an 11th consecutive night of strikes on Iran, with secretary of state Marco Rubio warning that Tehran was not taking peace talks seriously. 

Fighting reignited two weeks ago after ceasefire talks between the US and Iran broke down that triggered ten consecutive nights of strikes on regime targets.

The US is trying to cripple Tehran’s ability to menace commercial shipping through the Strait of Hormuz, a waterway that carries one-fifth of all global oil.

America accused Iran a few weeks ago of violating the Memorandum of Understanding by attacking oil tankers passing through the Persian Gulf.

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The US Navy has also hit back at Iranian aggression, reimposing a blockade on all of the regime’s ports and seizing several of its ships.

Iran, meanwhile, has responded by launching missile and drone attacks at Gulf nation water and power plants.

American troop deaths in the war have risen to 17 as nearly 100 US troops have been injured in Iranian strikes on bases across the Middle East over the past two weeks. 

A passenger sparked fury on an early morning flight after refusing to comply with the rest of the people on the plane, and it made others wish they had the window seat

One traveller was left seething on an early morning flight when someone refused to comply with the rest of the cabin, leaving uncomfortable and wondering why they hadn’t booked the window seat for themselves.

Many passengers know there’s an unwritten rule that if you’re on a morning or late-night flight, the cabin will be dimmed, and most people would like it kept that way. It’s good because people will be quiet, and you can get some sleep before you arrive at your destination. But recently, one flyer who sorted themselves with an aisle seat while travelling and was ready for a kip found their plans thwarted by an inconsiderate neighbour.

TikTok user @traveltaps questioned: “The negative of having an aisle seat is that I don’t control the window shades… and that sun is bright this morning! Ugh. Has this happened to you?”

Overlaying the footage, which depicted the aircraft cabin shrouded in darkness, they captioned: “When the entire plane created a calm, dark, sleepy atmosphere for this early morning flight.”

Early Morning Flight Disrupted by Open Window Blind

They then revealed their particular row, adding: “Except my row.”

The individual by the window wasn’t even engaged in activities requiring illumination, such as reading. They were simply disregarding the ambience maintained throughout the rest of the aircraft.

Numerous commenters suggested they ought to have packed a sleep mask if rest was their priority, and told them to “mind their own business”.

Social Media Debates Unwritten Airplane Etiquette Rules

One commenter posted: “If it’s the morning, the shade is up. Travel at night if you want a sleepy flight. It’s not every day I’m 30 thousand feet in the air, so I’m looking out the window.”

Another wrote: “I don’t get the window seat so I can look at a window shade for five hours.”

Nevertheless, one viewer remarked: “People in the comments are annoyed, but you’re right. If you fly regularly, you know there’s an unspoken rule that on an early morning flight, windows should be down when the cabin lights are dimmed before breakfast or beverage service.

“If you don’t fly regularly, maybe look around and ask yourself why you’re the only one with the window open.”

Someone else concurred: “No this is so rude to me. As someone who flies often and on long hauls. Read the room. If no one else is smoking, then don’t pull a cig out. If everyone is taking their shoes off at the door, then take yours off too! Don’t be rude.”

What would you do in this situation? Let us know in the comments…

The grandchildren of Thomas the Tank Engine’s creator have been spared a potentially massive tax bill on their share of the multimillion-pound royalties generated by their grandad’s “really useful engine”, after HMRC lost a crucial High Court test case last week.

First published in 1945 after being invented by Rev Wilbert Awdry to entertain his sick two-year-old son Christopher, the popular children’s books have spawned an industry encompassing TV, films, toys and theme parks which was reportedly generating an annual turnover of $1bn by 2011 and a profit of over £35m a year.

Rev Awdry and wife Margaret had three children, Christopher, Veronica and Hilary, with the trio giving him seven grandchildren.

But almost 30 years after the author’s death, the managers of a trust fund he left for the benefit of his grandkids ended up fighting HMRC in court in a bid to pay out less tax on the royalties created by the much-loved steam train.

Mr Justice Richards at London’s High Court last week found against arguments put forward by HMRC lawyers that the royalty payments ought to count as income for trust law purposes and therefore be liable for potential income tax payments of up to 45%.

Wilbert Vere Awdry OBE was an English Anglican clergyman, railway enthusiast and children’s author. He was best known for creating Thomas the Tank Engine in his books, The Railway Series, writing the first 26 books between 1945 to 1972.

The books have since spawned an industry encompassing TV, films, toys and theme parks which was reportedly generating an annual turnover of $1bn by 2011 and a profit of over £35m a year.

That was the year that the rights in the brand were acquired by US toy giants Mattel – owners of Barbie, Hotwheels and Masters of the Universe – when they bought HiT Entertainment for $680m (£426m).

HiT by that time owned the rights to Thomas alongside other kids’ characters, including Barney the purple dinosaur, Fireman Sam and Angelina Ballerina, with Thomas branded products alone generating profit of over £35m a year.

The copyright to the Rev Awdry’s books was signed away by him to his then publishers in 1985 – shortly after Thomas made his first TV appearance – in return for a deal guaranteeing him a share of any future royalties.

Half of those royalties were tied up in a trust fund for the benefit of the clergyman’s grandchildren in 1987 at which time his grandkids – Christopher’s son and daughter Richard and Verity, Veronica’s kids Mark and Claire, and Hilary’s three children Sara, Simon and Rachel – ranged in age between six and 17.

All are now adults, but almost 30 years after the author’s death the trust fund’s managers ended up in a court fight with HMRC in a bid to pay less tax on the money churned out by Thomas.

Setting out the shape of the case in his judgment, Mr Justice Richards said: “On 16 October 1985, Reverend Awdry entered into a deed of assignment with his then publishers.

“Reverend Awdry assigned, to the extent that they had not already been assigned to the publishers or their predecessors in title, the entire copyright throughout the world in certain defined ‘Works’ and ‘Illustrations’ together with such rights as may subsist in what was described as the ‘Railway Format’.

“In return, the publishers were to pay Reverend Awdry a stream of royalties…during the term of the copyrights so assigned.

“On 10 March 1987, Reverend Awdry made the settlement…to transfer to the trustees the property and assets set out in the schedule.

“The settlement recorded that Reverend Awdry wished to make provision for his grandchildren, who were individually named and described as the ‘beneficiaries’ in the settlement.

“The schedule described the property and assets referred to as: one half of all royalties paid to the settlor after the date of this deed.

“The trustees are party to this claim as claimants because they wish to know how the settlement should be administered.

“HMRC is party to the claim because they have an interest in the outcome as they are likely to be entitled to more tax if the royalties are categorised as income for trust law purposes.”

Going on to find against the taxman and sparing the reverend’s grandkids trust fund a potentially massive tax bill, the judge said that the royalties were themselves the assets and capital of the trust, rather than counting legally as income generated.

“The royalties received by the settlement are most naturally analysed as ‘fruit’ of the copyrights in the Railway Series. Those copyrights are not assets of the settlement…the royalties are the capital of the settlement.

“The defendants argue that this is the wrong way of looking at matters. They submit that the royalties received by the settlement are fruit of the right to receive those royalties, which is an asset of the settlement.

“I acknowledge that this is an alternative way of looking at matters. However, I am not satisfied that trust law principles require the matter to be viewed in that way.

“Overall, I regard it as much more realistic to regard the royalties as fruit of the copyright in the Railway Series rather than as fruit of a right to receive payment.

“Overall, I see nothing to override the intention plainly expressed in the settlement itself. I consider that the royalties received by the trustees are capital for trust law purposes.”