| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 236 (Dec) |
| Neutral Citation: | [2009] EWHC 3064 (Ch) |
| Court: | Chancery Division |
| Judge: | 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 |
Catchwords
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- Trust deed - Construction - Life assurance scheme - Legislative provisions governing cap on payable lump sum on death repealed - Trustee not taking advantage of powers to amend scheme to reflect removal of cap - Claimant beneficiary of life assurance policy claiming trustee in breach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.
The Case
Trust and trustee Trust deed. A deputy judge of the Chancery Division held, inter alia, that the trustee in the instant case had acted reasonably, and had not acted in breach of duty, by not amending the trust scheme in issue following the repeal of certain provisions of the by the .
Practice Areas
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