Cunningham v Cunningham [2009] JLR 227 (23 June 2009)
An agent or company in the same group as a corporate trustee, acting within the authority conferred by the trustee, does not become a trustee de son tort.
- Citation
- [2009] JLR 227
- Parties
- Applicant: Cunningham; Respondent: Cunningham
- Jurisdiction
- Jersey
- Judgment Date
- 23 June 2009
- Procedural Posture
- Civil / Judgment
- Outcome
- claim dismissed
- Legal Topics
- Trustee De Son Tort, Authority of Agent, Corporate Trustee Liability
Case Brief
Summary, issues, holding and outcome
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Parties
Cunningham
Applicant
Cunningham
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether an agent (or company in same group as corporate trustee) acting within authority conferred by trustee is a trustee de son tort
Ratio Decidendi
An agent or company in the same group as a corporate trustee, acting within the authority conferred by the trustee, does not become a trustee de son tort.
Court Disposition
claim dismissed
Full Case Text
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