| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 106 (Dec) |
| Neutral Citation: | [2006] EWHC 3130 (Ch) |
| Court: | Chancery Division |
| Judge: | Richard Sheldon QC sitting as a deputy judge of the High Court |
| Representation | Nigel Godsmark QC (instructed by Nelsons) for the claimants. |
| David Halpern QC (instructed by Max Engel & Co) for Mrs Pollard. | |
| Judgment Dates: | 7 December 2006 |
Catchwords
Limitation of action - Trust property - Fraud or fraudulent breach of trust to which trustee a party - Dishonest assistance claims - Whether normal primary period of limitation applying - Whether claims time barred - , s 21(1)(a),(3).
The Case
of the Limitation Act 1980 did not apply to the dishonest assistance claims and accordingly the normal primary period of limitation of six years from the accrual of the cause of action applied. Section 21(1)(a) only applied to claims against express trustees and category 1 trustees.
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