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Summary judgment granted on dishonest assistance claim for breach of trust involving a transfer to a QROPS (Burns v Burns)

Published on: 25 January 2021
Published by: LexisPSL
  • Summary judgment granted on dishonest assistance claim for breach of trust involving a transfer to a QROPS (Burns v Burns)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Pensions analysis: This case is an unusual example of summary judgment being obtained by a claimant against those alleged to have dishonestly assisted a breach of trust, notwithstanding that dishonesty was strenuously denied. The decision underlines that, in an appropriate case, there is nothing to prevent such an application succeeding, particularly where the primary facts known to the defendant(s) can be readily established or are common ground and where the real issue is, objectively, whether the defendant’s actions were dishonest. In this case, the court found that, by taking steps to expose the claimant’s pension savings to risks they knew were not authorised, the defendants had acted dishonestly by the standards of ordinary and decent people. or take a trial to read the full analysis.

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