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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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Bell Yard Kysen—Liz Giles

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Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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