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Armitage v Nurse and others

Language: English Series: New Property Cases ; 1995 NPC 110Publication details: 1995Subject(s): Summary: 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.

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.