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In a recent decision, the English Court of Appeal has found that there was no breach of fiduciary duty where the amount of commission received by a fiduciary was not disclosed to the client. The Court established the following general principles in this case: A principal’s knowledge (even if there is no knowledge of the … Read more
The UK Supreme Court has recently considered section 21(3) of the Limitation Act 1980 which provides or a six-year limitation period for actions by a beneficiary to recover trust property or in respect of any breach of trust (other than where the claim is based upon a fraud or fraudulent breach of trust, or where … Read more
A former partner of a Leeds law firm agreed a fine with the English Solicitors Regulation Authority (the "SRA") after he used expired Powers of Attorney to withdraw funds from a client's bank account, in order to fund the purchase of a property for his daughter. Read more
In Keown v Nahoor and Others [2015] EWHC 3418 (Ch), a decision handed down at the end of last year, the English High Court held that an accountant was liable to account for sums appropriated by him in breach of his fiduciary duties. Such sums included those in relation to which the claimant could not … Read more