Distinguishing traditional from commercial trusts : a dangerous precedent or necessary complication?

Carn, ME ORCID: https://orcid.org/0000-0002-8607-0936 2015, 'Distinguishing traditional from commercial trusts : a dangerous precedent or necessary complication?' , Trusts & Trustees, 21 (8) , pp. 868-888.

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Abstract

AIB Group (UK) plc v Mark Redler & Co Solicitors examined the issue of appropriate remedies available to a beneficiary for breach of trust. This article examines the Supreme Court’s appraisal of the leading case in this area: Target Holdings Ltd v Redferns; the judgment of Lord BrowneWilkinson in Target Holdings is examined, in particular the failings inherent in his analysis of trustee duties, how they may be breached, and what remedies are then available to a beneficiary. This article also examines, inter alia, the primary and secondary rights of beneficiaries, the remedies available to them for breach of trust, and the ramifications for the false distinction between traditional and commercial trusts.

Item Type: Article
Schools: Schools > Salford Business School > Salford Business School Research Centre
Journal or Publication Title: Trusts & Trustees
Publisher: Oxford University Press
ISSN: 1363-1780
Related URLs:
Depositing User: ME Carn
Date Deposited: 06 Sep 2021 13:27
Last Modified: 06 Sep 2021 13:30
URI: http://usir.salford.ac.uk/id/eprint/61771

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