WEST LOTHIAN COUNCIL AGAINST TURCAN CONNELL SOLICITORS AND THOMAS AITKEN CLARK AND TURCAN CONNELL (TRUSTEES) LTD [2019] ScotSC SC_58 (12 July 2019)

WEST LOTHIAN COUNCIL AGAINST TURCAN CONNELL SOLICITORS AND THOMAS AITKEN CLARK AND TURCAN CONNELL (TRUSTEES) LTD [2019] ScotSC SC_58 (12 July 2019)

The court found that the defenders breached their duties as trustees and solicitors, resulting in loss to the trust property, and are therefore liable to the pursuer for recovery of the funds.

Citation
[2019] ScotSC SC_58
Parties
Pursuer: West Lothian Council; Defender: Turcan Connell Solicitors; Defender: Thomas Aitken Clark; Defender: Turcan Connell (Trustees) Ltd
Jurisdiction
Scotland
Judgment Date
12 July 2019
Procedural Posture
Civil / Judgment
Outcome
judgment for pursuer
Legal Topics
Trustees' Duties, Liability of Solicitors, Recovery of Funds
Trust Law Property Law Trustees' Duties Liability of Solicitors Recovery of Funds

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Parties

West Lothian Council

Pursuer

Turcan Connell Solicitors

Defender

Thomas Aitken Clark

Defender

Turcan Connell (Trustees) Ltd

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defenders are liable to the pursuer for breach of trust and/or negligence in relation to the administration of trust property.

Ratio Decidendi

The court found that the defenders breached their duties as trustees and solicitors, resulting in loss to the trust property, and are therefore liable to the pursuer for recovery of the funds.

Court Disposition

judgment for pursuer

Orders

  • Defenders are ordered to pay the sum found due to the pursuer.
  • Defenders found liable in expenses.