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- Title
Remedies for Breach of Trust.
- Authors
Davies, Paul S.
- Abstract
The decision of the Supreme Court in AIB Group ( UK) Plc v Mark Redler & Co confirms the approach taken by Lord Browne- Wilkinson in Target Holdings Ltd v Redferns: where a trustee misapplies trust assets, a beneficiary is limited to a claim for equitable compensation for losses caused by the trustee's breach of duty. This seems to be a departure from traditional equitable doctrine, which held that the beneficiary could falsify the trustee's unauthorised disbursement and bring a claim for an 'equitable debt'. This note considers the impact of the decision of the Supreme Court, and how the law regarding 'equitable compensation' might continue to develop.
- Subjects
UNITED Kingdom; EQUITABLE remedies (Law); BREACH of trust lawsuits; AIB Group PLC; GREAT Britain. Supreme Court; TRUSTS &; trustees; MARK Redler &; Co.; COMPENSATION (Law); LEGAL status of trust beneficiaries; ACTIONS &; defenses (Law)
- Publication
Modern Law Review, 2015, Vol 78, Issue 4, p681
- ISSN
0026-7961
- Publication type
Article
- DOI
10.1111/1468-2230.12134