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

    Constantine Law—Anita Vadgama

    Constantine Law—Anita Vadgama

    New senior partner hire at consultant-led employment / regulatory law firm

    Ward Hadaway—Emma Swann & Jill Donabie

    Ward Hadaway—Emma Swann & Jill Donabie

    Firm adds two partners to growing education practice

    mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

    mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

    Trio of newly qualified solicitors strengthens Worcester office law firm

    NEWS
    A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
    A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
    Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
    The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
    A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
    back-to-top-scroll