Sheffield v Sheffield [2014] WTLR 1039

Trusts: Sub-trusts and formality

Is a sub-trust a disposition for the purposes of s53(1)(c) of the Law of Property Act 1925? Mark Pawlowski and James Brown assess the current position ‘When an intermediate trustee makes a declaration of trust of their equitable interest, they do not deprive themselves of that interest but simply create a second equitable interest held …

Continue reading "Trusts: Sub-trusts and formality"

This post is only available to members.

Trusts: Anything to declare?

Sheffield v Sheffield clarifies liability for historic breaches of trust. Douglas Rhodes explains ‘There could be no real doubt that the true effect of the 1983 declaration was deliberately concealed from the claimant, as the true effect of the declaration was never explained to him.’ At its core, the facts of Sheffield v Sheffield [2014] …

Continue reading "Trusts: Anything to declare?"

This post is only available to members.

Mediation: After Jackson

Adam Carvalho and Lizzy Sainsbury set out two cases where the courts had to consider whether a refusal to mediate was reasonable ‘At the time of deciding whether or not to accept an offer to mediate, which may be at a very early stage of the litigation and sometimes at the pre-action stage, it may …

Continue reading "Mediation: After Jackson"

This post is only available to members.