Nicholas Holland and James Ratcliffe consider whether there are grounds to bring claims for investment losses after the Court of Appeal’s decision in Rubenstein The problem for a trustee will be to know when a ‘good’ claim is good enough, and in most cases they should expect that the first stage will be to seek …
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Wills & Trusts Law Reports | December 2011 #115The appellant trustees sought permission to appeal from a costs order. An application had been issued in December 2006 pursuant to which the trustees sought sanction to pursue claims for (inter alia) breach of trust. Three related beneficiaries (Lorna, Fiona and Marcus) resisted the application as defendants, save in respect of a negligence claim against solicitors. In July 2008, Lindsay J declined to sanction any of the claims (save for the negligence claim) and made clear that the trustees had acted in an inappropriately partisan way. Directions were given for a costs hearing,...
