Continue reading "Beneficial interests: A cautionary tale"
Beneficial Interests: Defeating creditors: a how (not) to guide
Continue reading "Beneficial Interests: Defeating creditors: a how (not) to guide"
Mills & anr v Mills & anr [2015] EWHC 1522 (CH)
Wills & Trusts Law Reports | November 2015 #154The claimants brought a part 8 claim for the determination of three issues in relation to a family trust of land on which was operated a family-run plant nursery business. The nursery business was operated through a limited company which was separately owned from the trust and the company paid no rent to the trust for occupation of the land. All parties to the claim were adult members of the family and comprised all of the existing beneficiaries of the trust. The fourth defendant represented the interests of potential unborn beneficiaries. The relief sought by the claimants was unopposed...
Beneficial Interests: When equity is not equality
Continue reading "Beneficial Interests: When equity is not equality"
Independent Trustee Services Ltd v GP Noble Trustees Ltd & ors [2012] EWCA Civ 195
Wills & Trusts Law Reports | September 2012 #122Anthony Morris (Mr Morris) orchestrated a series of frauds between August 2007 and April 2008 by which £52m was misappropriated from various occupational pension schemes by their trustees, GP Noble Trustees Ltd and BDC Trustees Ltd. The appellant was Independent Trustee Services Ltd (ITS), which had been appointed as trustee of the 1653 pension schemes by the Pensions Regulator in July 2008. Mr Morris was found liable in dishonest assistance for £52m and in knowing receipt for £4.89m by Peter Smith J in July 2010 ([2010] EWHC 1653 (Ch)) (the chancery action).
Mr Morris had married...