Undue influence claims: What remedies?

Mark Pawlowski examines the remedies available to an undue influence claimant under English law ‘Considerable doubt remains as to whether equitable compensation is available in every case of undue influence or only those in which there is an equivalent fiduciary relationship of, say, solicitor and client or trustee and beneficiary.’ The effect of a finding …
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Independent Trustee Services Ltd v GP Noble Trustees Ltd & ors [2012] EWCA Civ 195

Wills & Trusts Law Reports | September 2012 #122

Anthony Morris (Mr Morris) orchestrated a series of frauds between August 2007 and April 2008 by which £52m was misappropriated from various occupational pension schemes by their trustees, GP Noble Trustees Ltd and BDC Trustees Ltd. The appellant was Independent Trustee Services Ltd (ITS), which had been appointed as trustee of the 1653 pension schemes by the Pensions Regulator in July 2008. Mr Morris was found liable in dishonest assistance for £52m and in knowing receipt for £4.89m by Peter Smith J in July 2010 ([2010] EWHC 1653 (Ch)) (the chancery action).

Mr Morris had married...