Abstract Corporate trustees work to (among other things) shield directors from liability as trustees. This article explores whether and how beneficiaries can bring proceedings against errant trustee company directors. It does so in four parts. First, the possibility of direct fiduciary or trustee-like duties is considered. Secondly, the authors address accessory liability for dishonest assistance or knowing receipt. Thirdly, the particular difficulties posed by a director’s diversion of opportunities are explored. Finally, the authors consider developing claims, being the dog-leg claim and a direct duty of care in tort owed by the trustee company director to the beneficiary.
{"title":"Claims against directors of trustee companies—the next frontier?","authors":"Nathaniel Walker, Nic Wilson","doi":"10.1093/tandt/ttac127","DOIUrl":"https://doi.org/10.1093/tandt/ttac127","url":null,"abstract":"Abstract Corporate trustees work to (among other things) shield directors from liability as trustees. This article explores whether and how beneficiaries can bring proceedings against errant trustee company directors. It does so in four parts. First, the possibility of direct fiduciary or trustee-like duties is considered. Secondly, the authors address accessory liability for dishonest assistance or knowing receipt. Thirdly, the particular difficulties posed by a director’s diversion of opportunities are explored. Finally, the authors consider developing claims, being the dog-leg claim and a direct duty of care in tort owed by the trustee company director to the beneficiary.","PeriodicalId":43396,"journal":{"name":"Trusts & Trustees","volume":"245 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136197240","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The importance of social media has rapidly increased throughout the 21st century. The metric of influence has been key to the commercialisation of social media, with accurate methods of quantification now allowing it to be used by a litany of corporate bodies to identify appropriate individuals to act as their brand ambassadors for the purpose of marketing products. Given the flexibility of equity, it is only a matter of time before such a valuable commodity is recognised under the law of trusts as a metric for identifying beneficiaries or as the subject matter of a trust itself.
{"title":"Social media influence: a new frontier in proprietary rights?","authors":"Matthew Carn","doi":"10.1093/tandt/ttac123","DOIUrl":"https://doi.org/10.1093/tandt/ttac123","url":null,"abstract":"Abstract The importance of social media has rapidly increased throughout the 21st century. The metric of influence has been key to the commercialisation of social media, with accurate methods of quantification now allowing it to be used by a litany of corporate bodies to identify appropriate individuals to act as their brand ambassadors for the purpose of marketing products. Given the flexibility of equity, it is only a matter of time before such a valuable commodity is recognised under the law of trusts as a metric for identifying beneficiaries or as the subject matter of a trust itself.","PeriodicalId":43396,"journal":{"name":"Trusts & Trustees","volume":"207 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135436117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article examines the position of a stranger in two principal scenarios, and the implications for strangers of the possible outcomes to these scenarios. First, if A makes a promise to B that C will receive A’s property if B advances monies to A, can the promise be enforced to benefit C who is a stranger to the promise? Secondly, if A makes a promise to B that B will receive A’s 50% share in a property if B advances monies to A, but A then enters into a declaration of trust with D (with whom A then purchases the property), is B bound by that declaration (to which B is a stranger)? Is B then excluded from a constructive or resulting trust claim, and left solely with a proprietary estoppel claim?
{"title":"Proprietary estoppel and the position of the stranger","authors":"Elaine Palser","doi":"10.1093/tandt/ttac125","DOIUrl":"https://doi.org/10.1093/tandt/ttac125","url":null,"abstract":"Abstract This article examines the position of a stranger in two principal scenarios, and the implications for strangers of the possible outcomes to these scenarios. First, if A makes a promise to B that C will receive A’s property if B advances monies to A, can the promise be enforced to benefit C who is a stranger to the promise? Secondly, if A makes a promise to B that B will receive A’s 50% share in a property if B advances monies to A, but A then enters into a declaration of trust with D (with whom A then purchases the property), is B bound by that declaration (to which B is a stranger)? Is B then excluded from a constructive or resulting trust claim, and left solely with a proprietary estoppel claim?","PeriodicalId":43396,"journal":{"name":"Trusts & Trustees","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135644495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article is interested in the risk exposure to trustees from cryptocurrency investment. Recent case law has established that cryptoassets are to be deemed as legal property, and, in consequence, can form the subject matter of a trust. This is interesting because it creates a real risk for trustees, who may purchase cryptocurrency as an investment opportunity pursuant to their statutory investment duty. The article suggests that there are three main risks for trustees: (i) regulatory risk; (ii) market risk; and (iii) reputational risk. In truth, a trustee that invests in cryptocurrency runs the risk of direct, personal liability.
{"title":"Cryptocurrencies and trustees: what are the risks?","authors":"Lloyd Brown","doi":"10.1093/tandt/ttac129","DOIUrl":"https://doi.org/10.1093/tandt/ttac129","url":null,"abstract":"Abstract This article is interested in the risk exposure to trustees from cryptocurrency investment. Recent case law has established that cryptoassets are to be deemed as legal property, and, in consequence, can form the subject matter of a trust. This is interesting because it creates a real risk for trustees, who may purchase cryptocurrency as an investment opportunity pursuant to their statutory investment duty. The article suggests that there are three main risks for trustees: (i) regulatory risk; (ii) market risk; and (iii) reputational risk. In truth, a trustee that invests in cryptocurrency runs the risk of direct, personal liability.","PeriodicalId":43396,"journal":{"name":"Trusts & Trustees","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135406137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Addressing the Elephant in the Room: the non-intervention principle and fiduciary duties of full and frank disclosure following Lehtimäki v Cooper","authors":"T. Graham, David Russell","doi":"10.1093/tandt/ttac002","DOIUrl":"https://doi.org/10.1093/tandt/ttac002","url":null,"abstract":"","PeriodicalId":43396,"journal":{"name":"Trusts & Trustees","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47083359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：