Publisher Citation: [2002] All ER (D) 417 (May)
Court: Chancery Division
Judge:

Lloyd J
Representation Richard Coleman (instructed by Russell-Cooke) for the claimant.
  Justin Fenwick QC and Ben Hubble (instructed by the Bower Cotton Partnership) for the defendants.
Judgment Dates: 27 May 2002

Catchwords

Solicitor - Intervention by Law Society in solicitor's practice - Resolution and notice vesting in Law Society moneys held by solicitor - First defendant claiming beneficial interest to money in client account - Law Society seeking directions on how to deal with first defendant's claim - Whether first defendant establishing beneficial entitlement to money in client account.

The Case

On application by the Law Society for directions on how to deal with claims of beneficial entitlement where it had become statutory trustee following intervention in a solicitor's practice, and where the first defendant contended that he was the beneficial owner of money in the client account, the court decided that it was not right to direct payment at that stage, on the ground that the first defendant had not adduced enough evidence to establish his beneficial entitlement to the trust fund.

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