header-logo header-logo

13 January 2017
Issue: 7729 / Categories: Case law , Law digest , In Court
printer mail-detail

Trust & trustee

Agarwala v Agarwala [2016] EWCA Civ 1252, [2016] All ER (D) 86 (Dec)

 

The Court of Appeal allowed part of an appeal against two orders in which the respondent, JA, had been ordered to pay compensation for loss of profits to her claimant brother-in-law, SA, in respect of a property for which JA was a bare trustee, but SA was the beneficial owner. The court allowed the appeal to the limited extent that the judge had erred in awarding equitable compensation by reference to notional profit, rather than an account of the actual profits made following the point at which JA had lawfully been in possession of the property.

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll