Continue reading "Fiduciary obligations and constructive trusts: Attribution of illegality"
Crown Prosecution Service v Aquila Advisory Ltd WTLR(w) 2022-03
Wills & Trusts Law Reports | Web OnlyMortgages: Assessing secret commissions
Continue reading "Mortgages: Assessing secret commissions"
Angove’s PTY Limited v Bailey & anr [2016] UKSC 47
Wills & Trusts Law Reports | October 2016 #163A, an Australian winemaker, employed an English company called D&D as its agent and distributor in the UK. D&D bought wines from A in its own right and sold wines on A’s behalf pursuant to an agency and distribution agreement (the agreement). The agreement was terminable by either party on six months’ notice or by notice with immediate effect in a number of events including the appointment of an administrator or liquidator.
On 21 April 2012, D&D went into administration and on 10 July 2012 into creditors’ voluntary liquidation. On administration there were outstanding ...
AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58
Wills & Trusts Law Reports | March 2015 #147The appellant bank instructed the respondent solicitors to act in relation to a £3.3m re-mortgage on behalf of themselves and the borrowers. The borrowers’ property (the property) was already subject to a first charge in favour of Barclays. A part of the respondent’s instructions was to redeem the outstanding Barclays mortgage and to secure a first charge against the property in the appellant’s favour.
Due to an oversight, the respondents paid only £1,23m of the outstanding £1.5m Barclays loan and then transferred the balance to the borrowers. Having realised their error, the resp...
Secret Commissions: Unauthorised profits – an update
Continue reading "Secret Commissions: Unauthorised profits – an update"