- The rule in Saunders v Vautier and disability v priority models of trust law in a complex commercial proprietary claim (Serious Fraud Office v Litigation Capital Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- The rule in Saunders v Vautier
- Priority model v disability model of trusts
- Case details
Private Client analysis: The case concerns numerous competing proprietary and tracing claims against various entities in respect of complex (and dubious) commercial transactions. In considering the entitlement of each party to distinct assets, Mr Justice Foxton analysed the applicability of various equitable principles such as the operation of the ‘bona fide purchaser’ defence to equitable claims, equitable priority and equitable assignment. Two notable doctrines considered, which are dealt with in this case analysis, were points arising under the rule in Saunders v Vautier and also the nature of a beneficial interest under a trust in the context of disability v priority models of trust law. Written by Lynne Counsell, barrister at Addington Chambers.
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