Mark Pawlowski takes a critical look at the rule in Clayton’s case and asks whether it still has application in the context of a tracing claim A rigid application of Clayton’s case, although providing a rule of convenience, can produce results of a highly arbitrary nature. Where a trustee (or other fiduciary) wrongfully purchases an …
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Wills & Trusts Law Reports | November 2014 #144The Dove Trust (the trust) was established by a declaration of trust dated 16 June 1983 for such charitable purposes as the trustees should in their discretion from time to time think fit. It was subsequently registered as a charity.
In 2004 a website for charitable giving called www.charitygiving.co.uk (the website) was established for the purpose of facilitating members of the public to make donations to the trust for the benefit of other charities or good causes of their choice. Donations which were charitable could then be augmented by gift aid, which the trust would claim sub...
