When partners who are also trustees of a deceased partner lend trust money to the firm, they are personally liable as trustees to make up any money lost and account for profit or interest on it, even though it may be secured by mortgage of firm property1. An inquiry may be directed as to whether the beneficiaries will receive more by way of interest or profits2. If the partners of such trustees have notice of the breach of trust, they are under the same liability3. Thus, where the executor of a deceased partner improperly uses his testator's assets in
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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