Archive for the 'trusts' Category

Pitt and another v Holt and another; Futter and another v Futter and Others – WLR Daily

“Where trustees, acting within their powers, carried out a transaction which was said to be vitiated by breach of trust on the ground that the trustees failed to have regard to a relevant matter, and where the reason that they did not have regard to it was that they had obtained and acted on advice from apparently competent advisers which turned out to be incorrect, then the charge of breach of trust could not be made out and the transaction was not voidable.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

The Battle for Trevalga: residents win partial victory in fight to stop public school selling hamlet – Daily Telegraph

“A tiny Cornish community has won a partial victory in its fight against a leading public school.”

Full story

Daily Telegraph, 12th September 2010

Source: www.telegraph.co.uk

Government accepts our recommendations on modernising trust law – Law Commission

“We welcome the Government’s acceptance of our recommendations to change the law governing capital and income in trusts.”

Full press release

Law Commission, 23rd March 2010

Source: www.lawcom.gov.uk

Law reformed on leaving property in trust for future generations – Ministry of Justice

“Leaving property in trust for future generations will be modernised and simplified by the Perpetuities and Accumulations Act 2009.”

Full story

Ministry of Justice, 7th January 2010

Source: www.justice.gov.uk

Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others – WLR Daily

Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others [2009] EWHC 3228 (Ch); [2009] WLR (D) 371

“The statutory trust created by Chap 7 of the Clients Assets Sourcebook (‘CASS 7’) issued by the Financial Services Authority (‘FSA’) took effect upon the receipt, rather than upon the segregation, of client money. Pending segregation of client money, a firm was obliged to take reasonable steps to ensure that, in relation to client money mixed in its house account with the firm’s own money, clients’ rights in relation to that client money were not put at risk, and the client money was not used for the firm’s own purposes. Client money outside the firm’s segregated accounts did not form part of the client money pool (‘CMP’).”

WLR Daily, 17th December 2009

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.

Martin v Secretary of State for Work and Pensions – WLR Daily

Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289; [2009] WLR (D) 346 

“Although English law might be the law applicable to the question whether a property in France, registered in the name of an income benefit claimant domiciled in England, was held on an implied trust for another, nevertheless, where the whole focus of the admitted common intentions of the claimant and the alleged beneficiary was on the provisions of French succession law as having the closest connection to the property, a social security commissioner was entitled to conclude that French law applied, with the result that there was no implied trust, the claimant was the beneficial owner of the property, and his capital, for income support purposes, exceeded the prescribed amount.”

WLR Daily, 27th November 2009

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.

In re Lehman Brothers International (Europe) (in administration) (No 2) – WLR Daily

In re Lehman Brothers International (Europe) (in administration) (No 2) [2009[ EWCA Civ 1161; [2009] WLR (D) 323

“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction a scheme of arrangement which extended to the release of rights over property held by the company under a trust since it did not constitute a compromise or arrangement between the company and its creditors within s 899 of the 2006 Act.”

WLR Daily, 10th November 2009

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.

In re Lehman Brothers International (Europe) (in administration)(No 2) – WLR Daily

In re Lehman Brothers International (Europe) (in administration)(No 2) [2009] EWHC 2141 (Ch); [2009] WLR (D) 287

“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction, so as to make binding on dissentients, a scheme of arrangement which had as its purpose the distribution of property held by a company on trust.”

WLR Daily, 26th August 2009

Source: www.lawreports.co.uk

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

Easterly Ltd v Headway plc – WLR Daily

Easterly Ltd v Headway plc [2009] EWCA Civ 793; [2009] WLR (D) 255

“A partial buy-out of a guaranteed minimum pension was not precluded by statutory obligations.”

WLR Daily, 24th July 2009

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.

Foster Wheeler Ltd v Hanley and others – WLR Daily

Foster Wheeler Ltd v Hanley and others [2009] EWCA Civ 651; [2009] WLR (D) 235

“The court considered the principles to be applied by pension scheme trustees when deciding how UK pension schemes were to pay benefits to members following recent developments in European pensions law relating to equalisation of retirement ages.”

WLR Daily, 9th July 2009

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.

Serious Organised Crime Agency v Szepietowski (No 2) – WLR Daily

Serious Organised Crime Agency v Szepietowski (No 2) [2009] EWHC 1560 (Ch); [2009] WLR (D) 225

“There was no conflict between paras 7A.4 and 7B.1 of Practice Direction–Civil Recovery Proceedings and the associated legislative framework contained in the Proceeds of Crime Act 2002 (as amended) and Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005. Accordingly, where an order had been made excluding part of the property subject to an interim receiving order, to enable the person against whom the order was made to pay legal expenses, the court had power in appropriate circumstances to set that exclusion aside.”

WLR Daily, 2nd July 2009

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.

Capital and income in trusts: classification and apportionment – Law Commission

“A project to examine the complicated rules governing the treatment of trust receipts and outgoings as capital or income and the extent to which trustees who have to distinguish between income and capital should be able to invest on a ‘total return’ basis, with reference particularly to trusts for interests in succession and to charitable trusts with permanent endowment.”

Full press release

Law Commission, 7th May 2009

Source: www.lawcom.gov.uk

Hammersmith and Fulham London Borough Council v Alexander-David – Times Law Reports

Hammersmith and Fulham London Borough Council v Alexander-David

Court of Appeal

“A local housing authority which granted a tenancy to a minor who was homeless and in priority need held the premises in trust for the minor. For as long as the authority was the trustee, it could not lawfully serve a notice to quit on the minor.”

The Times, 13th April 2009

Source: www.timesonline.co.uk

Serious Organised Crime Agency v Szepietowski and Others – Times Law Reports

Serious Organised Crime Agency v Szepietowski and Others

Chancery Division

“There was no exception in the exclusion regime of section 252 of the Proceeds of Crime Act 2002, concerning restrictions on dealing with property, to confine attention to assets vested in trustees while disregarding their personal assets.”

The Times, 6th April 2009

Source: www.timesonline.co.uk

Law Commission welcomes reform of outdated trusts law – Law Commission

“The Law Commission welcomes the introduction of the Perpetuities and Accumulations Bill in the House of Lords today.”

Full story (PDF)

Law Commission, 1st April 2009

Source: www.lawcom.gov.uk

Serious Organised Crime Agency v Szepietowski and others – WLR Daily

Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 344 (Ch); [2009] WLR(D) 74

The statutory exclusion regime concerning restrictions on dealing with property set out in s 252 of the Proceeds of Crime Act 2002 was intended to be self-contained and exhaustive. There was no scope for reading into the scheme an exception for trustees, which would confine attention to assets which were vested in them in a fiduciary capacity and would leave out of account their personal assets.”

WLR Daily, 2nd March 2009

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.

 

Serious Fraud Office v Lexi Holdings plc (in Administration) and Another – The Times

Serious Fraud Office v Lexi Holdings plc (in Administration) and Another

Court of Appeal (Criminal Division)

“A restraint order should not be varied to allow for the payment of a debt to an unsecured creditor.”

The Times, 18th August 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.

Serious Fraud Office v Lexi Holdings plc (in Administration) and M – WLR Daily

Serious Fraud Office v Lexi Holdings plc (in Administration) and M [2008] EWCA Crim 1443; [2008] WLR (D) 235

A restraint order should not be varied so as to allow for the payment of a debt to an unsecured creditor unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.”

WLR Daily, 11th July 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.

Gregson v HAE Trustees Ltd and Others – WLR Daily

Gregson v HAE Trustees Ltd and Others [2008] EWHC 1006 (Ch); [2008] WLR (D) 146

“The duty in s 4(2) of the Trustee Act 2000 (‘the Act’) was a separate and independent duty, which was not restricted to exercises of the power of investment.”

WLR Daily, 12th May 2008

Source: www.lawreports.co.uk

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

Charman divorce deadlock looms as top Cayman judge issues rallying call for trusts – Legal Week

“A leading Caribbean judge has launched a staunch defence of trusts, fuelling expectations that there will be an unprecedented stand-off between offshore and onshore judges over the landmark Charman v Charman divorce ruling.”

Full story

Legal Week, 13th March 2008

Source: www.legalweek.com

Alitalia-Linee Aeree Italiane SpA v Rotunno and Others – Times Law Reports

Alitalia-Linee Aeree Italiane SpA v Rotunno and Others

Chancery Division

“There was no reason not to give the word ‘secure’ its usual meaning as a transitive verb when contained within the words ‘to secure the benefits under the scheme’ in a set of trust rules.”

The Times, 12th March 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.

Breakspear and Others v Ackland and Another – Times Law Reports

Breakspear and Others v Ackland and Another

Court of Appeal

“In the absence of special terms, the confidentiality in which a wish letter was enfolded was something given to the trustees for them to use, on a fiduciary basis, in accordance with their best judgment and as to the interests of the beneficiaries and the sound administration of the trust.”

The Times, 10th March 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.

Breakspear and others v Ackland and Another – WLR daily

Breakspear and others v Ackland and another [2008] EWHC 220 (Ch); [2008] WLR (D) 52

Generally the confidence which ordinarily attached to a wish letter was such that, for the better discharge of their confidential functions, the trustees need not disclose it to beneficiaries merely because they requested it unless, in their view, disclosure was in the interests of the sound administration of the trust, and the discharge of their powers and discretions.”

WLR Daily, 20th February 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.

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others – WLR Daily

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others [2008] EWHC 259 (Ch); [2008] WLR (D) 50

“The words ‘as beneficiary’ contained in art 5(6) of Council Regulation (EC) 44/2001, which provided that a person domiciled in a member state could, in another member state, be sued ‘as … beneficiary of a trust’, required the claimants to show that they were suing a party in its capacity as a beneficiary rather than in the capacity as someone not beneficially entitled to the moneys that were claimed.”

WLR Daily, 19th February 2008

Source: www.lawreports.co.uk

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


Nelson v Greening and Sykes (Builders) Ltd – Times Law Report

Nelson v Greening and Sykes (Builders) Ltd

Court of Appeal

“Although the practical effect of a beneficial owner of property making a declaration of trust in favour of a third party would be to get rid of the trust of an equitable interest then subsisting, as a matter of law, the beneficial owner would not drop out of the picture but would hold the beneficial interest on trust for the third party.”

The Times, 22nd 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. 

Children of multimillionaire given legal aid in divorce battle – The Guardian

“Two children of a multimillionaire jeweller have been given legal aid of £30,750 to protect their interests under a family trust amid a divorce war between their parents.”

Full story

The Guardian, 3rd December 2007

Source: www.guardian.co.uk

Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust – WLR Daily

Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch)

“Expenses incurred by trustees of a discretionary trust for the benefit of both capital and income beneficiaries were properly chargeable to capital.”

WLR Daily, 16th November 2007

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.

Wester v Borland – WLR Daily

Wester v Borland

“A trustee seeking to exercise his power of lien over a trust fund had to demonstrate that there were substantial grounds upon which to do so and that he had taken all reasonable steps to ascertain his liability. Once he had done that it was for the beneficiaries to demonstrate that those grounds did not exist.”

WLR Daily, 15th October 2007

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.

Top QC condemns Treasury trust plan – Law Society’s Gazette

“The Government’s draft money laundering regulations are so vague it could be unlawful to prosecute lawyers who may unwittingly fail to comply with them, a leading human rights QC has claimed.”

Full story

Law Society’s Gazette, 13th April 2007

Source: www.lawgazette.co.uk


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