Continue reading "Breach of duty: Assessing the standard of care: junior doctors"
Grosskopf v Grosskopf & anr [2024] WTLR 530
Wills & Trusts Law Reports | Summer 2024 #195The parties were siblings and beneficiaries of a trust established by their parents. In addition, the defendants were also the trustees. The claimant applied to appoint a judicial trustee in place of the defendants on the basis that the defendants had engaged in conduct that appeared to have been in breach of their duties as trustees or may have been dishonest. The parties had previously entered into an arbitration agreement before the Beth Din of the Federation of Synagogues. The court and the tribunal had previously determined that the tribunal had jurisdiction to consider the claim. T...
Breach of duty: Saying the wrong thing
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Tang v Tang & ors [2018] WTLR 1019
Wills & Trusts Law Reports | Autumn 2018 #173T died intestate. D1, one of the administrators of T’s estate, purchased a property using estate funds to cover around 40% of the purchase price, without informing P, one of the beneficiaries of the estate. Soon after completion of the purchase, D1 repaid the money to the estate, with interest at a rate that he selected, labelling the transaction as a loan. Later, when the property’s value had increased, P became aware of D1’s actions and brought proceedings to recover the profit made by him.
Held
D1 was a fiduciary who had made a profit by the application of his principal’...
Breach of duty: Keeping good company
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Barnsley & ors v Noble [2016] EWCA Civ 799
Wills & Trusts Law Reports | November 2016 #164Michael and Philip Noble were brothers who built up a substantial property empire known as the Noble Organisation. It had a complex ownership and management structure involving a number of companies and partnerships and certain trusts for the benefit of their respective families. Michael died in 2006. The executors were Philip, his widow Gillian, and John Barnsley (an accountant associated with PricewaterhouseCoopers). There was a demerger of the business side and property side of the Noble Organisation with Philip taking the business assets and Gill taking the property assets. This was ...
Breach Of Duty: Employer’s liability claims post Jackson
Continue reading "Breach Of Duty: Employer’s liability claims post Jackson"
Case Report: Cox v Ministry of Justice [2016] UKSC 10
Continue reading "Case Report: Cox v Ministry of Justice [2016] UKSC 10"
Re OL [2015] EWCOP 41
Wills & Trusts Law Reports | November 2015 #154OL was born on 15 November 1937. Her husband died in 1993. She had three children: an elder son (ES) who is 53, a daughter (DA) aged 51 and a younger son (YS) aged 48.
OL used to live in a maisonette in Stockwell, London. In 2010, DA moved in with OL ostensibly to look after her. In 2011, OL was diagnosed with vascular dementia and on 17 July 2013 she suffered a stroke. According to ES, OL scored 8 out of 30 on a mini mental state examination on 21 August 2013, suggesting that she had severe cognitive impairment at that time.
On 19 October 2013, OL executed a lasting power ...
Bayley & ors v SG Associates & ors [2014] EWHC 782 (Ch)
Wills & Trusts Law Reports | October 2014 #143Mr John Bayley settled property on trust on 17 November 1983. He died in 1987. The trust was established with the assistance of the settlor’s longstanding business associate and friend, Mr Derek Gray, who provided various services to the trust through the first defendant, SG Associates (SGA), a company of which he was a director. From 1998, Mr Gray was also director of a US company known as Clean Diesel Technologies (CDT), which developed, designed, marketed and licensed technologies and solutions for the reduction of emissions from combustion engines. He was also a director of SGA...