Wills & Trusts Law Reports | Autumn 2024 #196The first claimant brought a claim in his individual capacity as settlor and trustee for professional negligence against the solicitors he had instructed in relation to a settlement made in 1987, which created a discretionary trust (the trust) in favour of a number of beneficiaries including the first claimant’s children. The first claimant intended to benefit his own children (the children) with his nieces/nephews as backstop beneficiaries should the trust in favour of the children fail. However the terms of the trust, which gave the beneficiaries the right to income when they attained ...
John Starr reviews a case highlighting the potential for liability both under contract and statute when problems surface in a development ‘The Shepherd Homes case came to trial in mid-2007 on the issues of liability, causation of damage and entitlement to contractual indemnity.’Residential developers have unavoidable contractual and statutory liabilities to homeowners. Not only will …
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