Cryptocurrencies and trusts: Watch and learn

Daniel Scott analyses a civil fraud case that may serve as a precursor for similar cases in the private client sphere on the misappropriation of cryptocurrencies The concession made in this case is to favour the trust analysis such that it is now relatively uncontroversial to view cryptocurrencies as property capable of being held on …
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Trusts: Sub-trusts and formality

Is a sub-trust a disposition for the purposes of s53(1)(c) of the Law of Property Act 1925? Mark Pawlowski and James Brown assess the current position ‘When an intermediate trustee makes a declaration of trust of their equitable interest, they do not deprive themselves of that interest but simply create a second equitable interest held …
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Commercial Trusts: Pragmatism prevails

Giles Richardson looks at the current approach of the English courts to trusts arising in commercial contexts ‘The practical effect of a Re Benjamin order in commercial trust contexts will often be practically to extinguish all claims that tardy beneficiaries have.’ This article considers the High Court decisions in Re MF Global [2013] and Re …
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