header-logo header-logo

Home Login E-newsletter About us
01 December 2016 / Francesca Kaye , Helen Whalley
Categories: Features , Profession , Litigation trends
printer mail-detail

A matter of trust

© Copyright LexisNexis 2026. All Rights Reserved.

Francesca Kaye & Helen Whalley discuss breach of trust claims against solicitors
    • Breach of trust claims against solicitors—consideration of s 61 of the Trustee Act 1925 relief.

    A recent case offers guidance as to how the court will consider a claim for relief in whole or in part under s 61 of the Trustee Act 1925 from a solicitor on the receiving end of a breach of trust claim. 

    In P & P Property Limited v Owen White & Catlin (1) and Crownvent Limited t/a Winkworth [2016] EWHC 2276 (Ch), [2016] All ER (D) 15 (Oct) a fraudster posing as Mr Harper (the true owner of the unoccupied property concerned) claiming to be based in Dubai instructed Owen White & Catlin (OWC) to act for him initially on a mortgage of the property, and subsequently on its sale. The solicitor with conduct of the matter at OWC, Ms Lim, satisfied herself as to her client’s identity and that he owned the property. She met him in person, taking a copy of his passport and utility bill, obtained copies

    If you are not a subscriber, subscribe now to read this content
    If you are already a subscriber sign in
    ...or Register for two weeks' free access to subscriber content

    MOVERS & SHAKERS

    Read All
    Jurit LLP—Caroline Williams

    Jurit LLP—Caroline Williams

    Private wealth and tax team welcomes cross-border specialist as consultant

    Freeths—Michelle Kirkland Elias

    Freeths—Michelle Kirkland Elias

    International hospitality and leisure specialist joins corporate team as partner

    Flint Bishop—Deborah Niven

    Flint Bishop—Deborah Niven

    Firm appoints head of intellectual property to drive northern growth

    NEWS
    Read All
    NLJ this week: No such thing as a ‘Welsh seat’
    Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
    NLJ this week: Jury reform risks justice for efficiency’s sake
    The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
    NLJ this week: Crypto fightback offers ‘new frontier for law’
    A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
    NLJ this week: Time to revive the duty to report crime?
    After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
    NLJ this week: When are experts truly ‘necessary’?
    Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
    Copyright © 2026 LexisNexis
    back-to-top-scroll