| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 108 (Apr) |
| Neutral Citation: | [2012] EWHC 1024 (Ch) |
| Court: | Chancery Division |
| Judge: | Newey J |
| Representation | Malcolm Bishop QC and Seth Cumming (instructed by Cramer Pelmont LLP) for the claimant. |
| Penelope Reed QC and Thomas Entwistle (instructed by Thrings LLP) for the trustees. | |
| Judgment Dates: | 20 April 2012 |
Catchwords
Trust and trustee - Duty of trustee - Duty towards beneficiary - Self-dealing rule - Lease of trust property - Claimant inheriting estate including valuable paintings - Claimant and another, as then trustees, leasing estate to claimant - New trustees seeking to sell paintings - Claimant alleging paintings belonging to partnership under agreement entered into by claimant's father and grandfather - Whether lease falling within self-dealing rule - Whether paintings owned by partnership - Whether trustees entitled to have lease set aside.
The Case
Trust and trustee Duty of trustee. The Chancery Division of the High Court held that paintings forming part of an estate inherited by the claimant Earl of Cardigan were held by the trustees of the estate.
Practice Areas
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