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15 November 2013
Issue: 7584 / Categories: Case law , Law digest , In Court
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Solicitor

Ikbal v Sterling Law [2013] EWHC 3291 (Ch), [2013] All ER (D) 31 (Nov)

The claimant brought an action against his former solicitors, who had acted for him on a property transaction. The claim alleged breach of trust. The court ruled that it was necessary in every case to identify what the terms of the trust on which the defendant received funds 
were. It was necessary then to consider whether, on the facts, what happened was sufficient to discharge the trust. Subject to any application by the solicitor for relief under s 61 of the Trustee Act 1925: (a) if there was a breach of trust and the underlying commercial transaction had not completed, then the beneficiary could still require the solicitor to restore the trust fund; or (b) if there was a breach of trust followed by completion of the underlying commercial transaction, the beneficiary would be entitled to equitable compensation which looked not to the fact of loss of the fund but to the loss which, could be seen to have been caused by the breach. What the claimant lost when the breach occurred was the amount of money

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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
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’
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
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
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
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