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...
Andrew Beck and Gwendoline Davies take an overview of remedies for commercial fraud, deceit and bribery ‘While there may be circumstances in which it is necessary to plead fraud, parties should be mindful of the possibility that other types of claim may deliver the results they are looking for.’ Civil cases of fraud, deceit and …
Continue reading "Fraud: The whole truth and anything but the truth"
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Wills & Trusts Law Reports | March 2017 #167The plaintiffs were the former trustees of the Tchenguiz Discretionary Trust (the ‘trust’), which had been established in Jersey by Declaration of Trust dated 26 March 2007 for the benefit of a class of beneficiaries comprising Robert Tchenguiz and his children a remoter issue. The Trust was funded initially by an appointment from the Tchenguiz Family Trust which had previously been established in the British Virgin Islands. Subsequently, the trustee of this trust entered into a loan agreement for borrowing of monies from Kaupthing Bank (the ‘bank’) and then made an appointment of assets...
