|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 236 (Dec)|
|Neutral Citation:|| EWHC 3064 (Ch)|
John Baldwin QC sitting as a Deputy Judge of the High Court
|Representation||Michael McLaren QC (instructed by Spring Law) for the claimant.|
|Robert Pearce QC and Mark Thompson (instructed by Pillsbury Winthrop Shaw Pittman LLP) for the defendants.|
|Judgment Dates:||7 December 2009|
Trust and trustee - Trust deed - Construction - Life assurance scheme - Legislative provisions governing cap on payable lump sum on death repealed - Trustee not taking advantage of powers to amend scheme to reflect removal of cap - Claimant beneficiary of life assurance policy claiming trustee in breach of duty - Claimant seeking difference between sum paid and sum payable had scheme been amended - Whether claimant entitled to difference.