What you can Expect from Us
We are serious about fighting for justice and have over 20 years experience in the legal profession.
We pre-vet your case free of charge within 2 hours whenever possible and without obligation.
If you have a good case we quickly pass it to a senior barrister who will consider it for no win no fee. A small administrative fee is only payable when we seek a barrister's opinion. If the barrister agrees, he will take on the case on a no win no fee basis.
We can also insure you against paying your opponent's legal costs. Our Panel barristers and solicitors don't just run cases - they win cases and it is they and not you who take the risk.
What is a "Trust"?
A Trust is a situation in which property is vested in someone known as a Trustee who is under legally recognised obligations to handle the property in a particular way, and to the exclusion of any personal interest. These obligations may arise either by conscious creation by the previous owner of the property (the settlor) or because some other legally significant circumstances are present.
What is a "Settlor"?
An express Trust arises as a result of a conscious decision on the part of the settlor to make a Trust. Every express Trust must have a settlor. In simple terms, if I own a property which I wish to have put into a Trust, I appoint trustees who will then hold the property on trust for the benefit of the beneficiaries. The Trust is an expression of the Settlor’s wishes. It is he at the outset who owns the property in question and his decision to create the Trust.
What is a "Breach of Trust"?
If the Trustees do not act in accordance with the express or implied terms of the Trust, they can be sued for a breach of that Trust. If, for example, they have not insured a property in the Trust and ought to have done; if they have sold a property at an under-value; if they have sought personal advantage from their activities as Trustee; if they have been reckless about implementing the wishes of the settlor as expressed in the Trust; if they have preferred one creditor to the detriment of the other. These are all examples of breaches, in particular circumstances. It is all a matter of “trust.”
What are remedies for Breach of Trust?
The basis remedy available against a Trustee is an Order requiring them to fulfil their obligations under the Trust, or to refrain from breaching those obligations. In effect, this is akin to what is known as either an injunction or specific performance. In effect, it as if there is a contractual obligation imposed upon the Trustee, but it can be distinguished.
The Court can order a Trustee to make good a loss, or to replenish property which he has either lost, disposed of or allowed to be depleted. If the Trustee squandered the money on his personal luxury, he will be ordered to make good the loss to the Trust. The beneficiaries should not lose out merely because he has clearly failed in his duties as Trustee. There is a liability to account for the missing funds. But there is a distinction to be drawn between, on the one hand, duties requiring care and skill and on the other hand the fiduciary duties. Some are matters of care, whilst other duties are absolute. For example, the Trustee of a Charitable Trust may only be permitted to make investments in low risk entities. To do otherwise is an automatic Breach because there was no discretion vested in that Trustee. There is therefore a duty on the part of the Trustee to account. However, many Trusts demand merely a reasonable performance than one which is absolutely perfect. There is therefore an implicit duty of care and skill and that would generally be defined as “reasonable.”
A Breach would arise from dishonesty affecting the Trust, breach of a clear duty of care, neglect, conflict of interest not declared or failure to act in accordance with the terms of the Trust.
As to remedies, the basic ethos and purpose is to ensure the Trust is effective and runs in accordance with the terms of the Trust as expressed and as envisaged by the Settlor.