Armitage v Nurse and others
Armitage v Nurse and others
- 1995
- New Property Cases 1995 NPC 110 .
ChD 28 June 1995. Trustees who are accused of delibrate but honest breach are exonerated by a clause in the settlement making tham liable only for `actual fraud`. Deliberate breach is not caught by the fraud exemption in Limitation Act 1980 s21(1) and a beneficiary under a discretionary trust does not have an interest in possession for the purposes of s21(3). N.B. NOT TO BE PHOTOCOPIED.
ACTUAL FRAUD
DISCRETIONARY TRUST
LIMITATION ACT1980 S21(1)
ChD 28 June 1995. Trustees who are accused of delibrate but honest breach are exonerated by a clause in the settlement making tham liable only for `actual fraud`. Deliberate breach is not caught by the fraud exemption in Limitation Act 1980 s21(1) and a beneficiary under a discretionary trust does not have an interest in possession for the purposes of s21(3). N.B. NOT TO BE PHOTOCOPIED.
ACTUAL FRAUD
DISCRETIONARY TRUST
LIMITATION ACT1980 S21(1)