header-logo header-logo

Home Login E-newsletter About us
01 December 2016 / Francesca Kaye , Helen Whalley
Categories: Features , Profession , Litigation trends
printer mail-detail

A matter of trust

© Copyright LexisNexis 2026. All Rights Reserved.

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

    Read All
    Sponsored by
    NLJ Career Profile: Nikki Bowker, Devonshires

    NLJ Career Profile: Nikki Bowker, Devonshires

    Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

    Ellisons—Sarah Osborne

    Ellisons—Sarah Osborne

    Leasehold enfranchisement specialist joins residential property team

    DWF—Chris Air

    DWF—Chris Air

    Firm strengthens commercial team in Manchester with partner appointment

    NEWS
    Read All
    NLJ this week: ‘Joe Donor’ ruling exposes dangers of unregulated conception
    The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
    NLJ this week: CILEX warns Mazur ruling must spark reform
    The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
    NLJ this week: Conditional job offers carry hidden risks for employers
    A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
    NLJ this week: Diamond rings and broken promises

    An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

    NLJ this week: The battle over medical report fees intensifies
    Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
    Copyright © 2026 LexisNexis
    back-to-top-scroll