- Interim application to bless a proposed sale by trustees as a means of summarily determining a claim to restrain an alleged prospective breach of trust (Brown v New Quadrant)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The High Court has granted a trustee’s interim application for judgment on its counterclaim for an order blessing the proposed sale which a beneficiary sought to restrain as a prospective breach of trust. The decision contains a number of interesting legal and factual points worthy of further consideration but the striking features are the procedure adopted by the trustee and accepted by the court and the court’s acceptance of the trustee’s failure to adduce any professional advice as to the suitability of the proposed transaction or even a copy of the draft contract of sale. Written by Mathew Roper, barrister at 5 Stone Buildings.
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