Breach Of Trust: Dishonest or unconscionable?

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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Disclosure: Knowledge is power

Jonathan Hilliard provides a welcome review of information rights under trusts from Schmidt v Rosewood up to present day ‘While many jurisdictions contain statutory codes relating to disclosure, few of them are likely to be entirely exhaustive and therefore it will be necessary, at least at the fringes, to decide on the appropriate approach outside …
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Estate Planning: Accruing complexity

Helen Ratcliffe looks at Drake v Harvey, which highlights the difficulties of estate planning for partnership shares ‘Following Cruikshank v Sutherland [1922], where a partnership deed is silent as to the basis of valuation for the purposes of an account, the appropriate value is one that is fair.’Partnerships are one of the frequently chosen vehicles …
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Lifetime Gifts: The timing of execution

Singellos v Singellos marks an important extension of the Parker v Feldgate principle into lifetime gifts, explains Susi Dunn ‘The test for mental capacity to enter into a lifetime transaction is issue-specific: the degree of understanding required depends on the nature and complexity of the transaction in question.’In the summer of 2010, the High Court …
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Book Review: A thorough and concise read

Paul Davies finds Carl Islam’s Tax-Efficient Wills Simplified an excellent summary for practitioners T ax-Efficient Wills Simplified is intended to be a practical guide to an area of law that many people may find confusing or worrying: how to write a good and effective will that will ensure the maximum benefits to the testator’s heirs. …
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Fiduciary Duties: Acknowledgement is key

A recent Canadian case confirms the UK position on the scope of fiduciary obligations, as Suzana Popovic-Montag and Sarah Halsted report ‘Most significantly, the court in Galambos v Perez conceptually analysed the nature of fiduciary obligations and concluded that it is not the case that all power-dependency relationships are fiduciary in nature.’In Galambos v Perez …
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Musings From Manchester: Overwhelmed by information?

Geoffrey Shindler ponders the modern means by which we acquire knowledge ‘Is it any wonder that there is more and more litigation surrounding professional negligence? I know that the professional insurers want to reduce this, hence both the amount of information they require and the cost of the premium.’How much more can we take? Are …
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Rectification: Tax planning and deeds

Katherine Harper examines Chisholm and Ashcroft, two recent cases concerning rectification ‘Rectification is a discretionary remedy whereby the court will correct a written instrument, which does not accord with the parties’ true intentions at the time of its making.’The two recent cases of Chisholm v Chisholm [2011] and Ashcroft v Barnsdale [2010] concern applications to …
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