James Brown and Mark Pawlowski consider whether a new tort of inducing a breach of trust would be a welcome development in English law The recognition of a new tort of inducing a breach of trust would have the advantage of allowing the claimant to pursue a third party where their wrongdoing consists solely of …
Continue reading "Breach of trust: Time for a new law?"
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Wills & Trusts Law Reports | Spring 2018 #171In 1998 the appellant solicitor transferred $1.2m without his clients’ knowledge and authority and in breach of fiduciary duty to the respondents. Proceedings were issued
in 2012. The appellant argued the claim was statute-barred pursuant to s21(3) Limitation
Act 1980. The respondents relied upon a letter written by the appellant in 2006 as
constituting an acknowledgement of the claim for the purposes of s29(5) of the Act, which provides:
‘where any right of action has accrued to recover… any debt or other liquidated pecuniary claim… and the person li...
