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This was not in the position as if a breach had not occurred. Mummery LJ and Hobhouse LJ, held that Target Holdings applies to all breaches of trust, whatever the nature of the duty breached or the manner of its breach, so limiting claims for compensation or restitution when the loss or gain is caused by the breach.
Murad v Al-Saraj [2005] EWCA Civ 959 is an English trusts law case, concerning remedies for breach of trust for a conflict of interest. It exemplifies a restitution claim. It exemplifies a restitution claim.
It is a common belief that dishonest or knowing assistance originates from Lord Selbourne's judgment in Barnes v Addy: [1] [S]trangers are not to be made constructive trustees merely because they act as the agents of trustees in transactions, … unless those agents received and become chargeable with some part of the trust property, or unless they assist with knowledge in a dishonest and ...
The Judge held Mark Redler was in breach of trust, and awarded £273,777 as equitable compensation. The Court of Appeal held that the claim was not so limited, and MR had no authority to release any funds until the redemption statement, unless the first charge for AIB was registered, but upheld the judge's award.
In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference.
Bristol and West Building Society v Mothew [1996] EWCA Civ 533 is a leading English fiduciary law and professional negligence case, concerning a solicitor's duty of care and skill, and the nature of fiduciary duties. The case is globally cited for its definition of a fiduciary and the circumstances in which a fiduciary relationship arises.
The jury in Fairfield County, Connecticut Superior Court also found that the company should pay additional punitive damages, which will be determined J&J must pay $15 million to man who says its ...
Courts of Connecticut include: State courts of Connecticut. Connecticut Supreme Court [1] Connecticut Appellate Court [2] Connecticut Superior Court (13 districts) [3] Connecticut Probate Courts (54 districts) [4] Federal court located in Connecticut: United States District Court for the District of Connecticut [5]