Source: All England Reporter
Publisher Citation: [2002] All ER (D) 372 (Jul)
Neutral Citation: [2002] EWCA Civ 1077
Court: Court of Appeal, Civil Division

Auld, Walker and Arden LJJ

Representation Michael Green (instructed by Harris Cartwright) for the claimant.
  Edward Bannister QC and Nigel Gerald (instructed by Collyer Bristow) for the defendant.
Judgment Dates: 25 July 2002


Trust and trustee - Breach of trust - Default by trustee - Deceased dying intestate - Claimant being a beneficiary under estate - Letters of administration appointing solicitor as administrator of estate - Claimant commencing proceedings alleging value of estate diminished as consequence of solicitor's breaches of duty - Whether solicitor in breach of duty.

The Case

In all the circumstances of the instant case, the court held that the defendant solicitor had not been in breach of his duty of skill and care to the beneficiaries of an estate in his administration of the same because he had done all that he could have in order to secure income from a company which was trustee of shares held for the benefit of another company in which the deceased was a shareholder.

Practice Areas

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