header-logo header-logo

20 June 2014
Issue: 7611 / Categories: Case law , Law digest , In Court
printer mail-detail

Trusts

Shergill and others v Khaira and others [2014] UKSC 33, [2014] All ER (D) 83 (Jun)

It was established law that, first, trustees who had been appointed under the terms of a trust deed could not challenge the validity of the deed. That would presumably be justified on the ground that the only basis upon which they had any title to involve themselves in the affairs of the trust was as trustees, and they could not therefore impugn the very document under which they had achieved that status. They would be almost tantamount to denying their own title. Second, where a charitable trust was initially created by donors in general or vague terms, it was open to the trustee to execute a more specific deed which limited the terms of the trust, provided it did not conflict with the terms on which the donors had made their donations—and that a challenge to any terms of the specific deed had to be made by the Attorney-General (or possibly by the donors). Where those principles applied, it seemed that trustees

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

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
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
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
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

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

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
back-to-top-scroll