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20 June 2014
Issue: 7611 / Categories: Case law , Law digest , In Court
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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

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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