Distinguishing traditional from commercial trusts : a dangerous precedent or necessary complication?

Carn, Matthew

Abstract

AIB Group (UK) plc v Mark Redler & Co Solicitors
examined the issue of appropriate remedies available to a beneficiary for breach of trust. This article examines the Supreme Court’s appraisal of the
leading case in this area: Target Holdings Ltd v
Redferns; the judgment of Lord BrowneWilkinson in Target Holdings is examined, in particular the failings inherent in his analysis of
trustee duties, how they may be breached, and
what remedies are then available to a beneficiary.
This article also examines, inter alia, the primary
and secondary rights of beneficiaries, the remedies
available to them for breach of trust, and the ramifications for the false distinction between traditional and commercial trusts.

Citation

Carn, M. (2015). Distinguishing traditional from commercial trusts : a dangerous precedent or necessary complication?. Trusts and Trustees, 21(8), 868-888

• Journal Article Type: Article
• Online Publication Date: Jun 26, 2015
• Publication Date: Oct 1, 2015
• Deposit Date: Sep 6, 2021
• Journal: Trusts & Trustees
• Print ISSN: 1363-1780
• Electronic ISSN: 1752-2110
• Publisher: Oxford University Press
• Volume: 21
• Issue: 8
• Pages: 868-888
• Publisher URL: https://doi.org/10.1093/tandt/ttv117
• Related Public URLs: https://academic.oup.com/tandt