Archive for the 'breach of trust' Category

Ex-NHS boss jailed for £200,000 fraud – The Independent

“A former senior NHS manager who doctored invoices totalling more than £200,000 to pay for the running of her stud farm business was today [10th June] jailed for two years and nine months.”

Full story

The Independent, 10th June 2010

Source: www.independent.co.uk

Optician jailed for sex act in West Yorkshire shop – BBC News

“An optician who performed a sex act on himself while giving a vision test to a 14-year-old girl has been jailed.”

Full story

BBC News, 26th January 2010

Source: www.bbc.co.uk

Moriarty and Another v Atkinson and Others – Times Law Reports

Moriarty and Another v Atkinson and Others

Court of Appeal

“If a company, in breach of its promise to a payer to keep money in a separate client account to be held on trust, paid it into a deficit current account to be used to settle the company’s debts, the payer could not trace the money paid into the current account since he acquired no proprietary right to trace the money in question which had disappeared before forming trust fund in the client account. ”

The Times, 14th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Moriarty and another v Atkinson and others – WLR Daily

Moriarty and another v Atkinson and others; [2008] WLR (D) 395

Although a company had been in breach of trust in paying clients’ money into a current account when it had agreed to hold the money in a client account, that breach of trust had occurred before the money could become part of a trust fund so that the clients had no proprietary claim in respect of it.”

WLR Daily, 18th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Gomez and others v Gomez-Vives and others – WLR Daily

Gomez and others v Gomez-Vives and others [2008] EWCA Civ 1065; [2008] WLR (D) 305

“The fact that a trust was expressed to be subject to English law might not be conclusive to establish its domicile in England but it was very difficult to see what other circumstances would be sufficient to outweigh it.”

WLR Daily, 3rd October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Abramovich and Berezovsky begin £2bn legal battle over disputed assets – The Independent

“A £2bn legal tussle between Britain’s two most high-profile Russian oligarchs which began with a skirmish in a Hermes boutique reached the High Court yesterday with claims that the entire case revolved around an unrecorded oral agreement as they haggled over the sale of former Soviet assets.”

Full story

The Independent, 19th April 2008

Source: www.independent.co.uk

Lawyer took paralysed client’s £1.2m payout – The Times

“A solicitor who stole £1.25 million from a client left paralysed by a traffic accident was jailed yesterday for ten years for what the judge described as the ‘very worst breach of trust for a professional man’.”

Full story

The Times, 8th April 2008

Source: www.timesonline.co.uk

Statek Corporation v Alford and Another – Times Law Reports

Statek Corporation v Alford and Another

Chancery Division

“Where a beneficiary had a claim against an accessory to another’s fraudulent breach of trust, the exception to the normal limitation period applied to that claim as if the accessory were a fiduciary or trustee.”

The Times, 12th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Statek Corpn v Alford and another – WLR Daily

Statek Corpn v Alford and another [2008] EWHC 32 (Ch); [2008] WLR (D) 10

“S 21(1) of the Limitation Act 1980 applied to a claim by a beneficiary under a trust against an accessory to fraudulent breaches of trust committed by other people so that no limitation period applied to such claims.”

WLR Daily, 28th January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) – WLR Daily

Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) [2007] EWCA Civ 1382

“The liability of a knowing recipient of money transferred in breach of trust did not depend solely on such receipt in breach of trust but on his retaining the money or paying it away in circumstances where it was unconscionable to do so; therefore, adopting a wide view of s 1 of the Civil Liability (Contribution) Act 1978, the liability to make good the loss could properly be referred to as liability to compensate the party defrauded, and came within the scope of the Act. There was no rule of law or practice that the knowing recipient should bear 100% of the loss; that would impose an unjustified restriction on the discretion conferred by the wide scope of s 2 of the 1978 Act. The matter would depend on the facts of the particular case, which could only be assessed at trial.”

WLR Daily, 8th January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Charter plc and Another v City Index Ltd (David Gawler and Others, Part 20 defendants) – Times Law Reports

Charter plc and Another v City Index Ltd (David Gawler and Others, Part 20 defendants)

Court of Appeal

“A party which received money transferred in breach of trust, who was liable as a knowing recipient if he retained it money or paid it away in unconscionable circumstances could recover contribution from any other person responsible for damage to the party defrauded.”

The Times, 8th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 


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