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Equity and trusts [2022] EWHC 3053 (Comm)

The Serious Fraud Office & Anor v Litigation Capital Ltd

The Serious Fraud Office & Anor v Litigation Capital Ltd [2022] EWHC 3053 (Comm) (30 November 2022)

The High Court held the Harbour Trust was a limited commercial trust, rejected broad trustee powers, and found Mr Ticehurst’s appointment under s.36 invalid.

  • Interpretation of commercial trusts
  • Trustee powers and duties
  • Appointment and removal of trustees
  • Application of trustee acts 1925 and 2000
  • Bare trusts in commercial context
  • Jurisdiction to appoint receivers
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Trusts and equity

The Serious Fraud Office & Ors. v Litigation Capital Limited & Ors.

The High Court held that the Harbour Trust was a limited commercial trust, invalidated Mr Ticehurst’s appointment, removed Thomas and Taylor, and appointed neutral trustees and receivers.

  • Interpretation of commercial trusts
  • Trustee powers and duties
  • Appointment and removal of trustees
  • Receivership
  • Jurisdiction of court in trust matters
  • Breach of trust
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Pensions law [2022] EWHC 2130 (Ch)

CMG Pension Trustees Limited v CGI IT UK Ltd (Rev1)

CMG Pension Trustees Limited v CGI IT UK Ltd (Rev1) [2022] EWHC 2130 (Ch) (11 August 2022)

The High Court held that Rule 5.11 of the CMG UK Pension Scheme is a forfeiture provision, so unclaimed benefits older than six years may be retained by the scheme.

  • Forfeiture of pension benefits
  • Limitation periods in pension schemes
  • Interpretation of pension scheme rules
  • Statutory controls on forfeiture
  • Trustee powers and duties
  • Pensions-law
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Trusts [2021] EWHC 444 (Ch)

PetroSaudi Oil Services (Venezuela) Ltd v Clyde & Co LLP

PetroSaudi Oil Services (Venezuela) Ltd v Clyde & Co LLP [2021] EWHC 444 (Ch) (26 February 2021)

The High Court refused to order escrow funds out of Clyde & Co’s hands, finding a real risk of US prosecution if it transferred the money.

  • Trustee powers and duties
  • Escrow agreements
  • Foreign enforcement of judgments
  • Anti-money laundering
  • Civil forfeiture
  • Comity
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Trusts and estates [2020] EWHC 3381 (Ch)

Schumacher & Anor v Clarke & Ors

Schumacher & Anor v Clarke & Ors [2020] EWHC 3381 (Ch) (25 November 2020)

The High Court refused to approve trustees’ proposed estate dispositions in the Zaha Hadid estate, finding the decision-making process was tainted by unresolved conflicts.

  • Trustee powers and duties
  • Court approval of trustee decisions
  • Conflict of interest
  • Removal of trustees
  • Settlement of estate disputes
  • Trustee-powers-and-duties
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Trusts and equity [2020] EWHC 1774 (Ch)

The Law Debenture Trust Corporation Plc, Re

The Law Debenture Trust Corporation Plc, Re [2020] EWHC 1774 (Ch) (09 July 2020)

The High Court granted a trustee’s application for directions, holding it was justified in not opposing a complex 2019 settlement tied to Bell Group insolvency disputes.

  • Trustee powers and duties
  • Court approval of trustee decisions
  • Subordinated bonds
  • Settlement approval
  • Confidentiality in court proceedings
  • Trusts-and-equity
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Trust law

The Law Debenture Trust Corporation Plc, Re

The High Court approved a trustee’s decision not to interfere with the Bell Group 2019 Settlement, finding it was reasonable, within power, and conflict-free.

  • Trustee powers and duties
  • Court approval of trustee decisions
  • Bondholder rights
  • Subordination and turnover trusts
  • Confidentiality in proceedings
  • Trustee-powers
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Charity law

Fafalios & Ors v Apodiacos & Ors

The court held that the 1860 Cemetery Trust deed governs the trust funds, the 1935 Declaration is void, and no cy-près scheme was yet justified.

  • Interpretation of trust deeds
  • Cy-près doctrine
  • Charitable trusts administration
  • Trustee powers and duties
  • Trust-deed-interpretation
  • Charitable-trusts
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Pensions law

Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc & Ors

High Court ruling on GMP equalisation in Lloyds pension schemes, addressing whether unequal benefits must be equalised and how any correction should be carried out.

  • Gmp equalisation
  • Sex discrimination in occupational pensions
  • Trustee powers and duties
  • Limitation periods in pension claims
  • Interest on arrears
  • Principle of minimum interference
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Charity law [2018] EWHC 805 (Ch)

Solad Sakander Mohammed & Anor v Boston Mohammed & Ors

Solad Sakander Mohammed & Anor v Boston Mohammed & Ors [2018] EWHC 805 (Ch) (23 March 2018)

The High Court refused interim injunctions sought by two mosque trustees to exclude 13 defendants and a two-mile radius, adjourned the application, and directed Charity Commission involvement.

  • Charitable trusts
  • Trustee powers and duties
  • Interim injunctions
  • Exclusion orders
  • Charity commission involvement
  • Charitable-trusts
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.