Breach of trust: Time for a new law?

University of Greenwich and Aston University | Trusts and Estates Law & Tax Journal | May 2021 #223
James Brown and Mark Pawlowski consider whether a new tort of inducing a breach of trust would be a welcome development in English law The recognition of a new tort of inducing a breach of trust would have the advantage of allowing the claimant to pursue a third party where their wrongdoing consists solely of …

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Breach Of Trust: Dishonest or unconscionable?

University of Greenwich | Trusts and Estates Law & Tax Journal | April 2011 #125
The Starglade case casts light on the meaning of dishonesty in the context of accessory liability, as Mark Pawlowski discusses ‘In Twinsectra Ltd v Yardley [2002], the majority of the House of Lords concluded that dishonesty also required a dishonest state of mind. This approach, however, was rejected by the Privy Council in Barlow Clowes …

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