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
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
“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 [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
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 [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 [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.
“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.”
Legal Week, 13th March 2008
Source: www.legalweek.com
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
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 [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.
“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
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.
“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.”
The Guardian, 3rd December 2007
Source: www.guardian.co.uk
“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.
“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.
“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.”
Law Society’s Gazette, 13th April 2007
Source: www.lawgazette.co.uk
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