“Off-Plan” Investment Schemes: Equitable Compensation – Hardwicke Chambers

‘The SRA has issued warning notices[1] to solicitors regarding whether they should act and how they should act towards their clients in relation to purported transactions concerning investment schemes. However, for many the warning will have come too late since many investors have previously parted with deposits (in some cases amounting to the client’s life savings) in return for worthless insurance bonds and unsecured interests in land or property which are also found to be worthless when the developer defaults on the development and becomes insolvent.’

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Hardwicke Chambers, 12th July 2018

Source: www.hardwicke.co.uk

Garden Bridge backers ‘may have breached legal duties’ – The Guardian

Posted July 31st, 2018 in breach of trust, charities, London, news, transport by sally

‘The trustees of London’s garden bridge, including actor Joanna Lumley and the former Labour minister Lord Davies, could have breached their legal duties over the failed project, that cost taxpayers more than £40m, according to a leading lawyer.’

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The Guardian, 31st July 2018

Source: www.theguardian.com

Dreamvar – where do we go from here? – Hardwicke Chambers

Posted June 18th, 2018 in breach of trust, identity fraud, negligence, news, sale of land, solicitors by sally

‘Who bears the loss when a purchaser agrees to buy a property which isn’t the seller’s to sell? In recent years the courts have had to grapple with the problem caused by “identity fraud”, where a fraudster masquerades as the owner of property, “sells” it to the unsuspecting victim, and then absconds with the money.’

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Hardwicke Chambers, 30th June 2018

Source: www.hardwicke.co.uk

Charity Commission issues official warning to gurdwara – Law & Religion UK

Posted August 25th, 2017 in breach of trust, charities, Charity Commission, news, Sikhism by sally

‘The Charity Commission opened a compliance case in 2015 into Gurdwara Guru Nanak Parkash in Coventry and has now issued an official warning to the trustees under s 75A(1)(a) Charities Act 2011 on the grounds that “a breach of trust or duty or other misconduct or mismanagement has been committed by or in connection with the control and management of the charity as charity trustees”. This is only the second time the Commission has used its power to issue an official warning’

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Law & Religion UK, 24th August 2017

Source: www.lawandreligionuk.com

Daniel and another v Tee and others – WLR Daily

Posted July 13th, 2016 in breach of trust, compensation, law reports, solicitors, trusts by sally

Daniel and another v Tee and others [2016] EWHC 1538 (Ch)

‘The defendants were professional solicitor trustees of a trust of which the claimants were the beneficiaries. The claimants sought compensation for breach of trust in connection with the investment of the trust funds in the period 2000 to 2002.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

Conveyancers on both sides held liable for fraud in landmark case – Legal Futures

Posted April 19th, 2016 in breach of trust, contracts, conveyancing, fraud, money laundering, news, solicitors by sally

‘The conveyancers on both sides of a property fraud have been found jointly liable for the £470,000 loss suffered by the buyer.’

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Legal Futures, 18th April 2016

Source: www.legalfutures.co.uk

Woman who had sex with 14-year-old boy is jailed – The Guardian

‘The wife of an army corporal has been sent to prison for three years for having sex with a 14-year-old boy after a suspended sentence was ruled to be too lenient.’

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The Guardian, 3rd June 2015

Source: www.guardian.co.uk

Operation Elveden: Ex-prison officer jailed for celebrity tips – BBC News

‘A former prison officer has been jailed for 10 months for selling “salacious gossip” about celebrity inmates to two national newspapers.’

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BBC News, 15th May 2015

Source: www.bbc.co.uk

MoD ‘mole’ Bettina Jordan-Barber jailed over Sun leaks – The Guardian

‘A “mole” at the Ministry of Defence who made £100,000 from leaking stories to the Sun has been jailed for 12 months, it can now be reported after verdicts were delivered in a related trial.’

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The Guardian, 20th March 2015

Source: www.guardian.co.uk

Dow Jones worker ‘made to dress as Santa’ wins unfair dismissal case – BBC News

‘A middle-aged accountant who said he was forced to dress up as Father Christmas and branded an “old buffer” has won his claim for unfair dismissal.’

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BBC News, 6th March 2015

Source: www.bbc.co.uk

Court Appeal overturns ruling that law firm wrongly paid out £2.3m from client account – Legal Futures

Posted February 23rd, 2015 in airports, appeals, breach of trust, client accounts, insolvency, law firms, news by sally

‘The Court of Appeal has overturned a High Court decision that a Sussex law firm wrongly paid out £2.28m it had received from a group of investors in what turned out to be a doomed airport investment scheme.’

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Legal Futures, 20th February 2015

Source: www.legalfutures.co.uk

Supreme Court backs law firm in breach of trust dispute – Legal Futures

Posted November 6th, 2014 in appeals, breach of trust, damages, law firms, news, Supreme Court by sally

‘The Supreme Court has backed a law firm’s arguments that, following a breach of trust, it should have to pay in damages only the amount which the lender involved would have lost if the breach had not occurred.’

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Legal Futures, 6th November 2014

Source: www.legalfutures.co.uk

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) – Supreme Court

Posted November 5th, 2014 in breach of trust, compensation, law reports, loans, mortgages, solicitors, Supreme Court by sally

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) [2014] UKSC 58 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Solicitor was ‘employee’ and not partner, High Court rules – Law Society’s Gazette

‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’

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Law Society’s Gazette, 1st August 2014

Source: www.lawgazette.co.uk

Santander UK Plc v RA Legal Solicitors: A shift in balance in favour of lenders? – Hardwicke Chambers

Posted April 8th, 2014 in banking, breach of trust, causation, law firms, news, solicitors, trusts by sally

‘Section 61 of the Trustee Act 1925 gives the court power to relieve from liability a trustee who has committed a breach of trust, if he: (i) acted honestly and reasonably; and (ii) ought fairly to be excused for the breach.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Teacher Kelly Burgess sentenced for pupil sex – BBC News

’26-year-old drama teacher who admitted having sex with a pupil has been spared a prison sentence.’

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BBC News, 7th April 2014

Source: www.bbc.co.uk

Dr Mansoor Kassim sentenced for faking Viagra scripts – BBC News

Posted January 10th, 2014 in breach of trust, doctors, fraud, news, professional conduct, sentencing, theft by tracey

‘A doctor with “marital difficulties” forged prescriptions for Viagra because he was too embarrassed to see his GP. Dr Mansoor Kassim, 37, who worked at Ystrad Fawr Hospital near Caerphilly, faked £340.67 worth of scripts, Newport magistrates heard. He was given a suspended jail sentence after admitting four charges of making a false prescription, two of theft by an employee and one of fraud.’

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BBC News, 10th January 2014

Source: www.bbc.co.uk

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) – Supreme Court

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) [2013] UKSC 80 | UKSC 2013/0046 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

Solicitor jailed after stealing £2m from his clients and their families – Daily Telegraph

‘The victims of a corrupt solicitor and former Coroner who stole from their loved ones’ estates have been left asking how he managed to get away with it for so long.’

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Daily Telegraph, 15th December 2013

Source: www.telegraph.co.uk

Di Canio’s Public Humiliation of Players and Dismissal – Littleton Chambers

“During last week’s World Sports Law Report webinar on player contracts, David Reade QC and John Mehrzad presented a section on ‘manager publically criticising player’ and, with some degree of prescience, concluded that the ‘manager was also at risk of breach of implied term of trust and confidence with club or misconduct charge’. ”

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Littleton Chambers, 23rd September 2013

Source: www.littletonchambers.com