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Solicitor

15 November 2013
Issue: 7584 / Categories: Case law , Law digest , In Court
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Ikbal v Sterling Law [2013] EWHC 3291 (Ch), [2013] All ER (D) 31 (Nov)

The claimant brought an action against his former solicitors, who had acted for him on a property transaction. The claim alleged breach of trust. The court ruled that it was necessary in every case to identify what the terms of the trust on which the defendant received funds 
were. It was necessary then to consider whether, on the facts, what happened was sufficient to discharge the trust. Subject to any application by the solicitor for relief under s 61 of the Trustee Act 1925: (a) if there was a breach of trust and the underlying commercial transaction had not completed, then the beneficiary could still require the solicitor to restore the trust fund; or (b) if there was a breach of trust followed by completion of the underlying commercial transaction, the beneficiary would be entitled to equitable compensation which looked not to the fact of loss of the fund but to the loss which, could be seen to have been caused by the breach. What the claimant

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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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