header-logo header-logo

01 December 2016 / Francesca Kaye , Helen Whalley
Categories: Features , Profession , Litigation trends
printer mail-detail

A matter of trust

Francesca Kaye & Helen Whalley discuss breach of trust claims against solicitors

    • Breach of trust claims against solicitors—consideration of s 61 of the Trustee Act 1925 relief.

    A recent case offers guidance as to how the court will consider a claim for relief in whole or in part under s 61 of the Trustee Act 1925 from a solicitor on the receiving end of a breach of trust claim. 

    In P & P Property Limited v Owen White & Catlin (1) and Crownvent Limited t/a Winkworth [2016] EWHC 2276 (Ch), [2016] All ER (D) 15 (Oct) a fraudster posing as Mr Harper (the true owner of the unoccupied property concerned) claiming to be based in Dubai instructed Owen White & Catlin (OWC) to act for him initially on a mortgage of the property, and subsequently on its sale. The solicitor with conduct of the matter at OWC, Ms Lim, satisfied herself as to her client’s identity and that he owned the property. She met him in person, taking

    If you are not a subscriber, subscribe now to read this content
    If you are already a subscriber sign in
    ...or Register for two weeks' free access to subscriber content

    MOVERS & SHAKERS

    Clarke Willmott—Matthew Roach

    Clarke Willmott—Matthew Roach

    Partner joins commercial property team in Taunton office

    Farrer & Co—Richard Lane

    Farrer & Co—Richard Lane

    Londstanding London firm appoints new senior partner

    Bird & Bird—Sue McLean

    Bird & Bird—Sue McLean

    Commercial team in London welcomes technology specialist as partner

    NEWS
    What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
    Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
    When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
    When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
    NLJ's latest Charities Appeals Supplement has been published in this week’s issue
    back-to-top-scroll