Category: breach of trust

Eternal life, or dead and buried – which claims survive death? – Wilberforce Chambers

Posted June 27th, 2024 in bereavement, breach of trust, chambers articles, financial provision, news, probate, wills by sally

‘Lois McMaster Bujold once wrote “the dead cannot cry out for justice. It is the duty of the living to do so for them”. This articles considers how far the living may be able to go – the death of a party to current or potential litigation is not a priority in the grieving process of the loved ones left behind, but it is an aspect of litigation with which lawyers should be familiar.’

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Wilberforce Chambers, 23rd May 2024

Source: www.wilberforce.co.uk

High Court decisions show developing court approach to dishonest assistance and unjust enrichment claims – OUT-LAW.com

Posted June 25th, 2024 in banking, breach of trust, fraud, news by tracey

‘Two recent High Court decisions considered how the legal doctrines of dishonest assistance in a breach of trust and unjust enrichment can be applied in the context of a bank or e-money institution receiving payments that have been procured by fraud.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

Case Comment: Byers and others v Saudi National Bank [2023] – UKSC Blog

Posted March 27th, 2024 in appeals, breach of trust, Cayman Islands, equity, insolvency, news, Supreme Court, trusts by sally

‘In this post, Adam Ferris (Senior Associate) in the Finance Disputes Team at CMS and Henry Powell (Associate) in the Real Estate Disputes Team at CMS comment on the judgment of the Supreme Court in Byers and Ors v Saudi National Bank [2023] UKSC 51, which was handed down on 20 December 2023.’

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UKSC Blog, 26th March 2024

Source: ukscblog.com

No continuing loss from law firm’s breach of contract, tribunal rules – Legal Futures

Posted May 23rd, 2023 in breach of trust, contract of employment, employment tribunals, law firms, news, notification, solicitors by sally

‘A trainee solicitor who never took up his job after the terms of employment were changed four days before he began work has failed in his bid for damages greater than his contractual notice period.’

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Legal Futures, 23rd May 2023

Source: www.legalfutures.co.uk

Breach of trust, directors and corporate trustees: multiple derivative claims following McGaughey v USS – Wilberforce Chambers

Posted January 9th, 2023 in breach of trust, chambers articles, climate change, company directors, company law, costs, equality, news, pensions, universities by sally

‘It is commonplace now for the trustee of almost any sort of trust to be a company, and for the individuals who may colloquially be referred to as “the trustees” to in fact not be trustees at all, but to be the directors of the trustee company. Occupational pension schemes have been particularly keen adopters of this structure. In some respects it makes little difference to the beneficiaries: the trustee is the trustee, whether an individual or a company. But when the individuals involved are alleged to have acted in breach of their duties, the corporate structure allows for more complex claims than the ordinary breach of trust claim that would be brought against individual trustees.’

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Wilberforce Chambers, 20th December 2022

Source: www.wilberforce.co.uk

Firm that missed email and released funds given all-clear by High Court – Tanfield Chambers

Posted April 16th, 2020 in appeals, breach of trust, electronic mail, law firms, news, solicitors by sally

‘Proceedings against a law firm which overlooked instructions sent to its ‘contact us’ email address and subsequently released £377,000 from its client account have been dismissed by the High Court.’

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Tanfield Chambers, 15th April 2020

Source: www.tanfieldchambers.co.uk

High Court backs former Claims Direct boss over £21m claim – Legal Futures

Posted September 4th, 2019 in breach of trust, claims management, fiduciary duty, fraud, news by sally

‘Colin Poole, the former chief executive of Claims Direct and a struck-off solicitor, has won a High Court battle with shareholders over an alleged £21m debt.’

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Legal Futrues, 4th September 2019

Source: www.legalfutures.co.uk

“Off-Plan” Investment Schemes: Equitable Compensation – Hardwicke Chambers

Posted August 9th, 2018 in breach of trust, client accounts, compensation, equity, indemnities, insolvency, insurance, news, solicitors, Solicitors Regulation Authority by sally

‘The SRA has issued warning notices[1] to solicitors regarding whether they should act and how they should act towards their clients in relation to purported transactions concerning investment schemes. However, for many the warning will have come too late since many investors have previously parted with deposits (in some cases amounting to the client’s life savings) in return for worthless insurance bonds and unsecured interests in land or property which are also found to be worthless when the developer defaults on the development and becomes insolvent.’

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Hardwicke Chambers, 12th July 2018

Source: www.hardwicke.co.uk

Garden Bridge backers ‘may have breached legal duties’ – The Guardian

Posted July 31st, 2018 in breach of trust, charities, London, news, transport by sally

‘The trustees of London’s garden bridge, including actor Joanna Lumley and the former Labour minister Lord Davies, could have breached their legal duties over the failed project, that cost taxpayers more than £40m, according to a leading lawyer.’

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The Guardian, 31st July 2018

Source: www.theguardian.com

Dreamvar – where do we go from here? – Hardwicke Chambers

Posted June 18th, 2018 in breach of trust, identity fraud, negligence, news, sale of land, solicitors by sally

‘Who bears the loss when a purchaser agrees to buy a property which isn’t the seller’s to sell? In recent years the courts have had to grapple with the problem caused by “identity fraud”, where a fraudster masquerades as the owner of property, “sells” it to the unsuspecting victim, and then absconds with the money.’

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Hardwicke Chambers, 30th June 2018

Source: www.hardwicke.co.uk

Charity Commission issues official warning to gurdwara – Law & Religion UK

Posted August 25th, 2017 in breach of trust, charities, Charity Commission, news, Sikhism by sally

‘The Charity Commission opened a compliance case in 2015 into Gurdwara Guru Nanak Parkash in Coventry and has now issued an official warning to the trustees under s 75A(1)(a) Charities Act 2011 on the grounds that “a breach of trust or duty or other misconduct or mismanagement has been committed by or in connection with the control and management of the charity as charity trustees”. This is only the second time the Commission has used its power to issue an official warning’

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Law & Religion UK, 24th August 2017

Source: www.lawandreligionuk.com

Daniel and another v Tee and others – WLR Daily

Posted July 13th, 2016 in breach of trust, compensation, law reports, solicitors, trusts by sally

Daniel and another v Tee and others [2016] EWHC 1538 (Ch)

‘The defendants were professional solicitor trustees of a trust of which the claimants were the beneficiaries. The claimants sought compensation for breach of trust in connection with the investment of the trust funds in the period 2000 to 2002.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

Conveyancers on both sides held liable for fraud in landmark case – Legal Futures

Posted April 19th, 2016 in breach of trust, contracts, conveyancing, fraud, money laundering, news, solicitors by sally

‘The conveyancers on both sides of a property fraud have been found jointly liable for the £470,000 loss suffered by the buyer.’

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Legal Futures, 18th April 2016

Source: www.legalfutures.co.uk

Woman who had sex with 14-year-old boy is jailed – The Guardian

Posted June 4th, 2015 in appeals, breach of trust, courts martial, news, sentencing, sexual grooming, sexual offences, suspended sentences by sally

‘The wife of an army corporal has been sent to prison for three years for having sex with a 14-year-old boy after a suspended sentence was ruled to be too lenient.’

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The Guardian, 3rd June 2015

Source: www.guardian.co.uk

Operation Elveden: Ex-prison officer jailed for celebrity tips – BBC News

Posted May 18th, 2015 in breach of trust, conspiracy, media, misfeasance in public office, news, prison officers, prisons, privacy by sally

‘A former prison officer has been jailed for 10 months for selling “salacious gossip” about celebrity inmates to two national newspapers.’

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BBC News, 15th May 2015

Source: www.bbc.co.uk

MoD ‘mole’ Bettina Jordan-Barber jailed over Sun leaks – The Guardian

Posted March 23rd, 2015 in Afghanistan, armed forces, breach of trust, conspiracy, Crown Prosecution Service, disciplinary procedures, disclosure, government departments, Iraq, media, misfeasance in public office, news, privacy, proceeds of crime, public interest, sentencing, sexual offences by sally

‘A “mole” at the Ministry of Defence who made £100,000 from leaking stories to the Sun has been jailed for 12 months, it can now be reported after verdicts were delivered in a related trial.’

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The Guardian, 20th March 2015

Source: www.guardian.co.uk

Dow Jones worker ‘made to dress as Santa’ wins unfair dismissal case – BBC News

Posted March 9th, 2015 in age discrimination, breach of trust, disciplinary procedures, employment tribunals, news, sex discrimination, unfair dismissal by tracey

‘A middle-aged accountant who said he was forced to dress up as Father Christmas and branded an “old buffer” has won his claim for unfair dismissal.’

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BBC News, 6th March 2015

Source: www.bbc.co.uk

Court Appeal overturns ruling that law firm wrongly paid out £2.3m from client account – Legal Futures

Posted February 23rd, 2015 in airports, appeals, breach of trust, client accounts, insolvency, law firms, news by sally

‘The Court of Appeal has overturned a High Court decision that a Sussex law firm wrongly paid out £2.28m it had received from a group of investors in what turned out to be a doomed airport investment scheme.’

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Legal Futures, 20th February 2015

Source: www.legalfutures.co.uk

Supreme Court backs law firm in breach of trust dispute – Legal Futures

Posted November 6th, 2014 in appeals, breach of trust, damages, law firms, news, Supreme Court by sally

‘The Supreme Court has backed a law firm’s arguments that, following a breach of trust, it should have to pay in damages only the amount which the lender involved would have lost if the breach had not occurred.’

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Legal Futures, 6th November 2014

Source: www.legalfutures.co.uk

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) – Supreme Court

Posted November 5th, 2014 in breach of trust, compensation, law reports, loans, mortgages, solicitors, Supreme Court by sally

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) [2014] UKSC 58 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt