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Limitation and what will be regarded as trust property? (Page v Hewetts Solicitors)

Limitation and what will be regarded as trust property? (Page v Hewetts Solicitors)
Published on: 08 December 2011
Published by: LexisPSL
  • Limitation and what will be regarded as trust property? (Page v Hewetts Solicitors)
  • Court details
  • Facts
  • Was the money either trust property or the proceeds of trust property?
  • Limitation
  • Claimants knowledge
  • When was the claim form issued?
  • Comment

Article summary

The High Court has provided an insight into the issues a court will have regard to when determining whether property at the centre of a dispute is to be regarded as trust property for the purposes of section 21 of the Limitation Act 1980. The court also criticised the lack of evidence adduced by the claimant in which it sought to show that the claim form had in fact been issued in time. The criticism provides guidance for practitioners, faced with similar limitation issues, as to what steps they should take and what evidence they should adduce to show that they issued within the limitation period. or take a trial to read the full analysis.

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