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...
Liam Ryan reviews the recent decision of Fletcher v Keatley and how a court should, and can, approach a claim for psychiatric injury where a claimant has been found to have purposefully exaggerated their symptoms ‘A judge doesn’t need to be bound unequivocally to one party’s expert evidence (although it will always be persuasive) and …
Continue reading "Dishonesty: Truth, lies, exaggeration and the judicial crucible"
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Wills & Trusts Law Reports | November 2015 #154The first defendant practised as a solicitor under his own name until 2013. In that year he began to practise through the third defendant company, which was authorised as a ‘licensed body’ for the purposes of the Legal Services Act 2007. The directors of the third defendant were the first and second defendants.
On 8 December 2014 the Solicitors Regulation Authority decided to intervene in the practice of the first and third defendants and sent notices to the defendants advising them of this.
The decision of the adjudication panel recorded that it decide...
