‘Professional negligence claims are somewhat more susceptible to the many procedural pitfalls in civil litigation. Passage of time, lengthy negotiations before issue, insolvency.’
Gatehouse Chambers, 26th November 2024
Source: gatehouselaw.co.uk
‘Boris Lazic & Arran Dowling-Hussey look at the extent to which trust disputes can be subject to arbitration after the recent decision in Grosskopf v Grosskopf ([2024] EWHC 291 (Ch).’
4-5 Gray’s Inn Square, 6th December 2024
Source: www.4-5.co.uk
‘The Charity Commission for England and Wales has issued Calderdale Council with an Official Warning of misconduct and/or mismanagement after it failed to comply with its duties as trustee of 13 charities.’
Local Government Lawyer, 2nd September 2024
Source: www.localgovernmentlawyer.co.uk
‘Unincorporated associations (which include clubs and associations) are extremely varied and range from barristers’ chambers, which are commercial in nature, to party political associations and working mens clubs, which are directed towards improving the lives of their members and the larger community. No specific statute applies to unincorporated associations. The general law of trusts and property does.’
Parklane Plowden Chambers, 29th July 2024
Source: www.parklaneplowden.co.uk
‘This article seeks to explain what is meant by an “executory trust”. It argues that widely cited case law, suggesting an executory trust is only valid if it includes a highly detailed explanation of the intended final trust, is inconsistent with the weight of authority overall and may be wrong. And it argues that fundraising appeal collections may often give rise to executory trusts. Accordingly, it is suggested that executory trusts—a topic only mentioned at all in about half of trusts textbooks—may be more practically significant than is usually thought.’
Trusts & Trustees, 9th July 2024
Source: academic.oup.com
‘This week, Paul Newman KC looks at the problems that arise when small self-administered schemes holding commercial property need to liquidate the asset to pay pension benefits.’
Pensions Barrister, 27th June 2024
Source: www.pensionsbarrister.com
‘The High Court has rejected a challenge to the lease by a London borough of part of a park to Tottenham Hotspur FC for a women’s and girls’ football academy. Matt Hutchings KC explains why.’
Local Government Lawyer, 24th May 2024
Source: www.localgovernmentlawyer.co.uk
‘In Savage v Savage [2024] EWCA Civ 49 (“Savage”), the Court of Appeal reached a much required decision on the statutory interpretation of Section 15 of the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA 1996”) and held that, when considering an application under Section 14 TOLATA 1996 and a dispute between beneficiaries of a trust of land, the Court was permitted to consider the circumstances and wishes of the minority beneficiaries under Section 15 (3) TOLATA 1996.’
St Philips Barristers, 16th April 2024
Source: st-philips.com
‘The decision by Master Clark on 16 February 2024 in Grosskopf v Grosskopf (two members of Wilberforce Chambers: Fenner Moeran KC and Simon Atkinson acted for the C in this case) is a judgment on an increasingly important point – to what extent can parties contractually agree to submit their trust dispute to arbitration? Does section 9 of the Arbitration Act 1996 bite in circumstances where the claimant seeks a replacement of the trustee with a judicial trustee? The answer it would seem is that you can, but the arbitrators will have their hands relatively tied as to what relief they can order.’
Wilberforce Chambers, 26th April 2024
Source: www.wilberforce.co.uk
‘A firm of solicitors was instructed to act in relation to a trust of property, but negligently failed to give effect to the settlor’s intentions with the result that the trust failed to confer the intended benefit on the settlor’s children. Faced with a claim brought by the settlor, the trustees and the intended beneficiaries, the defendants1 sought to argue that all the claims should be struck out, on the basis that nobody other than the settlor had standing to sue, and his claim was statute barred. Martin Spencer J permitted all the claims to proceed. Most strikingly, he held that in his judgment, the solicitors owed the intended beneficiaries a direct duty of care. Accordingly, the judgment amounts to an open invitation to the court, at any subsequent trial of this or a similar claim, to dispense with the complexity that bedevils this area of the law and adopt a relatively straightforward route to a remedy for disappointed beneficiaries of irrevocable inter vivos trusts.’
Hailsham Chambers, 16th April 2024
Source: www.hailshamchambers.com
‘Recently published guidance from the Charity Commission tries to provide clarity on when donations to English and Welsh charities, including universities, should – or must – be refused or returned, but the question of when to say no remains complex and nuanced.’
OUT-LAW.com, 3rd April 2024
Source: www.pinsentmasons.com
‘A City law firm has failed to strike out a £1.3m negligence claim arising from a discretionary trust it set up for a man described by a High Court judge as “serially let down” by the profession.’
Legal Futures, 28th March 2024
Source: www.legalfutures.co.uk
‘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.’
UKSC Blog, 26th March 2024
Source: ukscblog.com
‘Naomi Ling of Outer Temple Chambers has provided a critical analysis of the recent Avon Cosmetics decision.’
Pensions Barrister, 21st March 2024
Source: www.pensionsbarrister.com
‘Our argument here is that there are lessons for general trusts law reform from recent jurisprudence on ‘statutory trusts’. By ‘statutory trusts’, we mean trusts that are provided for by statutes in specific contexts, where the idea, or ideal, of the institution of the private trust is adopted and adapted by the legislature for certain purposes. But exactly which incidents of the traditional private trust at common law (the ‘common law trust’) are recognised may still need to be determined. We also consider authorities where it has been argued unsuccessfully that a legislative framework, while not expressly invoking a ‘trust’, nonetheless gives rise to a statutory trust.’
King's Law Journal, 5 March 2024
Source: www.tandfonline.com
‘In the system of trusts of land introduced by the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”), the court is given the power, on an application by a trustee of land or someone who has an interest in the property under the trust, to make any order relating to the trustees’ exercise of their functions as it thinks fit. The question for the Court of Appeal in Savage v Savage [2024] EWCA Civ 49 was what the court can have regard to when exercising that power.’
Tanfield Chambers, 22nd February 2024
Source: www.tanfieldchambers.co.uk
‘On the 2 November 2023, the Society of Trust Estates and Practitioners (STEP) published the third edition of their standard provisions that can be used when will drafting.’
Mills & Reeve, 18th January 2024
Source: www.mills-reeve.com
‘A new general code of practice issued by the UK Pensions Regulator (TPR) should help improve the operation of pension schemes and manage risk for both members and trustee boards, an expert has said.’
OUT-LAW.com, 15th January 2024
Source: www.pinsentmasons.com
‘This article deals with two discrete aspects of the law and practice relating to trustee remuneration – a recent decision of the Court of Appeal and the Pensions Regulator’s Single Code of Practice.’
Wilberforce Chambers, September 2023
Source: www.wilberforce.co.uk
© Inner Temple Library 2024