Toggle Main Menu Toggle Search

Open Access padlockePrints

More Clues as to the Nature of the Remedy for Breach of Trust: Creggy v Barnett [2016] EWCA Civ 1004; [2017] P.N.L.R. 4

Lookup NU author(s): Dr Derek WhaymanORCiD

Downloads


Licence

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).


Abstract

This note examines the nature of the remedy for the breach of trust that is the inadvertent paying away of trust property without authority, addressing the Target Holdings debate. The case of Creggy v Barnett, considering the rule that the acknowledgement of a debt and indeed a breach of trust can reset the limitation clock, sheds some light on the remedy. This note considers its origins as a restitutionary measure and, in line with other developments, argues its future is compensatory.


Publication metadata

Author(s): Whayman D

Publication type: Note

Publication status: Published

Journal: Conveyancer and Property Lawyer

Year: 2017

Issue: 2

Pages: 139-146

Print publication date: 01/04/2017

Acceptance date: 07/03/2017

ISSN (print): 0010-8200


Share