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

    Shakespeare Martineau—David Vaughan

    Shakespeare Martineau—David Vaughan

    Shakespeare Martineau appoints new London office head as firm continues investment in capital

    Browne Jacobson—Kevin Moore

    Browne Jacobson—Kevin Moore

    Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

    Clarke Willmott—Latitude Law

    Clarke Willmott—Latitude Law

    National law firm strengthens commercial offering with acquisition of leading immigration practice

    NEWS
    Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
    The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
    Legal aid deserts leave almost one in four without adequate access to justice
    The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
    Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
    back-to-top-scroll