Lowry, J;
Edmunds, R;
(2017)
Relieving the trustee-solicitor: a modern perspective on section 61 of the Trustee Act 1925?
The Law Quarterly Review
, 133
pp. 223-243.
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Abstract
Examines case law on the court's exercise of the discretion under the Trustee Act 1925 s.61 to relieve conveyancing solicitors of breach of trust liability after they have unknowingly forwarded a client's monies to a fraudster. Comments on a trend, exemplified by the Court of Appeal judgment in Santander UK v RA Legal Solicitors, of including a causation analysis in this decision-making. Discusses why the reasonableness criterion is problematic.
| Type: | Article |
|---|---|
| Title: | Relieving the trustee-solicitor: a modern perspective on section 61 of the Trustee Act 1925? |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | http://www.sweetandmaxwell.co.uk/Catalogue/Product... |
| Language: | English |
| Additional information: | This is a pre-copyedited, author-produced version of an article accepted for publication in the Law Quarterly Review following peer review. The definitive published version will be available online on Westlaw UK (http://legalresearch.westlaw.co.uk/) or from Thomson Reuters DocDel service (http://www.sweetandmaxwell.co.uk/our-businesses/docdel.aspx). This manuscript version is published under a Creative Commons Attribution-NonCommercial 4.0 International Licence (https://creativecommons.org/licenses/by-nc/4.0/). |
| Keywords: | Breach of trust; Causation; Mortgage fraud; Reasonableness; Solicitors' powers and duties |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery-pp.ucl.ac.uk/id/eprint/1493000 |
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