England and Wales Case Law

James Martin Kekwick v Christopher Alan Kekwick & Anor.

No action for breach of trust was brought by the beneficiary within the limitation period; procedural steps taken did not amount to an 'action' under the Limitation Act 1980. Trustees were not in breach for failing to distribute or invest the trust fund as they acted on legal advice and could not safely distribute without proof of identity. Legal costs assessment was refused as unproductive and disproportionate.

Source excerpt

• Limitation of actions
• Breach of trust
• Trustee duties
• Assessment of legal costs
• Distribution of trust assets
• Relief under trustee act

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Davisons Solicitors (a firm) v Nationwide Building Society

The Court of Appeal held that solicitors breached trust by releasing mortgage funds before completion, but were excused under section 61 and were not in breach of retainer.

• Breach of trust
• Solicitor's duties
• Relief under trustee act
• Breach of retainer
• Mortgage fraud
• Breach-of-trust

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Iles v Iles

The High Court held that disputed Forge land was held on trust for the claimant, ordered transfer of the land, and required an account of rents from April 2004.

• Breach of trust
• Declaration of trust
• Accounting by trustees
• Relief under trustee act
• Land registration
• Trusts

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Lloyds TSB Bank Plc v Markandan & Uddin (A Firm)

The Court of Appeal held that solicitors released mortgage funds in breach of trust during a fraudulent conveyance and were not entitled to section 61 relief.

• Breach of trust by solicitors
• Mortgage fraud
• Relief under trustee act
• Causation in breach of trust
• Solicitor's undertakings
• Breach-of-trust

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Re Pauling's Settlement Trusts (No.1)

Re Pauling's Settlement Trusts (No.1) [1963] EWCA Civ 5 (29 May 1963)

Court of Appeal held Coutts liable for several misapplied trust advances made under a marriage settlement, with limited relief considered under section 61.

• Breach of trust
• Advancement under trusts
• Undue influence
• Trustee duties
• Relief under trustee act
• Limitation and laches

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