Trusts: Distinguishing between rules for ‘bare’ trusts and others involving a fiduciary duty

Tanfield Chambers | November 2022 #238
Kerry Bretherton KC and Katie Gray examine a case that finds that the service of a notice to quit is not a breach of trust Where parties have jointly contracted to rent a property and one of them wishes to quit, he or she cannot be held to a tenancy contract which is dependent for …

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Trusts: The Court of Appeal reviews the elements required to establish knowing receipt, including unconscionability

University of Wolverhampton | September 2022 #236
Sukhninder Panesar examines a case that explores liability for knowing receipt and the need for a continuing proprietary interest The claimant must show that they have a continuing proprietary interest in property which is in the hands of the alleged knowing recipient. Where such a finding is not made, the requisite unconscionability does not exist, …

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Breach of trust: Time for a new law?

University of Greenwich and Aston University | 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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