‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’
Law Society’s Gazette, 1st August 2014
Source: www.lawgazette.co.uk
‘Section 61 of the Trustee Act 1925 gives the court power to relieve from liability a trustee who has committed a breach of trust, if he: (i) acted honestly and reasonably; and (ii) ought fairly to be excused for the breach.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
’26-year-old drama teacher who admitted having sex with a pupil has been spared a prison sentence.’
BBC News, 7th April 2014
Source: www.bbc.co.uk
‘A doctor with “marital difficulties” forged prescriptions for Viagra because he was too embarrassed to see his GP. Dr Mansoor Kassim, 37, who worked at Ystrad Fawr Hospital near Caerphilly, faked £340.67 worth of scripts, Newport magistrates heard. He was given a suspended jail sentence after admitting four charges of making a false prescription, two of theft by an employee and one of fraud.’
BBC News, 10th January 2014
Source: www.bbc.co.uk
Supreme Court, 18th December 2014
‘The victims of a corrupt solicitor and former Coroner who stole from their loved ones’ estates have been left asking how he managed to get away with it for so long.’
Daily Telegraph, 15th December 2013
Source: www.telegraph.co.uk
“During last week’s World Sports Law Report webinar on player contracts, David Reade QC and John Mehrzad presented a section on ‘manager publically criticising player’ and, with some degree of prescience, concluded that the ‘manager was also at risk of breach of implied term of trust and confidence with club or misconduct charge’. ”
Littleton Chambers, 23rd September 2013
Source: www.littletonchambers.com
“For the purposes of the client money rules and the client money distribution rules contained in the Client Assets Sourcebook, CASS 7 and 7A a client’s contractual claim and the amount for which it might prove in respect of such claim fell to be reduced by the amount of any actual or anticipated distribution from the client money pool. The client could not prove for both a claim resulting from a shortfall in the client money trust and the balance of its contractual claim where the shortfall claim did not exceed the contractual claim. However, the rule against double proof did not prevent a claim by a client in respect of a shortfall in payment of its client money entitlement to the extent that it exceeded its contractual claim or in a case where the client had no contractual claim.”
WLR Daily, 16th August 2013
Source: www.iclr.co.uk
“A geography teacher has been banned from teaching indefinitely after she
‘romantically pursued’ a pupil for almost two years.”
Daily Telegraph, 24th May 2013
Source: www.telegraph.co.uk
“Lack of writing did not necessarily mean that the circumstances of a case were not such as to give rise to a ‘Quistclose’ trust. Stipulation of an exclusive purpose for the loan was not the only circumstance of which the immediate recipient was cognisant and which negated an intention on the part of the payer, to pass away beneficial ownership so as to give rise to a resulting trust in favour of the payer.”
WLR Daily, 25th February 2013
Source: www.iclr.co.uk
“A HMRC official has been jailed for siphoning £12,000 from taxpayers’ accounts in a ‘flagrant breach of trust’.”
Daily Telegraph, 19th February 2013
Source: www.telegraph.co.uk
Williams v Central Bank of Nigeria [2012] EWCA Civ 415; [2012] WLR (D) 108
“An action by a beneficiary under a trust might be brought in respect of any fraud or fraudulent breach of trust to which the trustee was party or privy against both that trustee and any other person who dishonestly assisted him in such fraud or fraudulent breach of trust, in either case, after the expiration of the six-year limitation period for which section 21(3) of the Limitation Act 1980 provided.”
WLR Daily, 3rd April 2012
Source: www.iclr.co.uk
Ramzan v Brookwide Ltd [2011] EWCA Civ 985; [2011] WLR (D) 278
“Where an owner of property was unable to use part of his property due to its misappropriation by another, it was not appropriate to award in addition to damages for loss of profits arising from the inability to use the property, damages for breach of trust and mesne profits, since those heads of damages overlapped.”
WLR Daily, 19th August 2011
Source: www.iclr.co.uk
Moriarty and Another v Atkinson and Others
Court of Appeal
“If a company, in breach of its promise to a payer to keep money in a separate client account to be held on trust, paid it into a deficit current account to be used to settle the company’s debts, the payer could not trace the money paid into the current account since he acquired no proprietary right to trace the money in question which had disappeared before forming trust fund in the client account. ”
The Times, 14th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Moriarty and another v Atkinson and others; [2008] WLR (D) 395
“Although a company had been in breach of trust in paying clients’ money into a current account when it had agreed to hold the money in a client account, that breach of trust had occurred before the money could become part of a trust fund so that the clients had no proprietary claim in respect of it.”
WLR Daily, 18th December 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Gomez and others v Gomez-Vives and others [2008] EWCA Civ 1065; [2008] WLR (D) 305
“The fact that a trust was expressed to be subject to English law might not be conclusive to establish its domicile in England but it was very difficult to see what other circumstances would be sufficient to outweigh it.”
WLR Daily, 3rd October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A £2bn legal tussle between Britain’s two most high-profile Russian oligarchs which began with a skirmish in a Hermes boutique reached the High Court yesterday with claims that the entire case revolved around an unrecorded oral agreement as they haggled over the sale of former Soviet assets.”
The Independent, 19th April 2008
Source: www.independent.co.uk
Statek Corporation v Alford and Another
Chancery Division
“Where a beneficiary had a claim against an accessory to another’s fraudulent breach of trust, the exception to the normal limitation period applied to that claim as if the accessory were a fiduciary or trustee.”
The Times, 12th February 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Statek Corpn v Alford and another [2008] EWHC 32 (Ch); [2008] WLR (D) 10
“S 21(1) of the Limitation Act 1980 applied to a claim by a beneficiary under a trust against an accessory to fraudulent breaches of trust committed by other people so that no limitation period applied to such claims.”
WLR Daily, 28th January 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) [2007] EWCA Civ 1382
“The liability of a knowing recipient of money transferred in breach of trust did not depend solely on such receipt in breach of trust but on his retaining the money or paying it away in circumstances where it was unconscionable to do so; therefore, adopting a wide view of s 1 of the Civil Liability (Contribution) Act 1978, the liability to make good the loss could properly be referred to as liability to compensate the party defrauded, and came within the scope of the Act. There was no rule of law or practice that the knowing recipient should bear 100% of the loss; that would impose an unjustified restriction on the discretion conferred by the wide scope of s 2 of the 1978 Act. The matter would depend on the facts of the particular case, which could only be assessed at trial.”
WLR Daily, 8th January 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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