Where different legal systems collide: the decision in Labrouche v Frey & Ors [2016] EWHC 268 (Ch)

On 18 February 2016, Asplin J delivered judgment in Labrouche v Frey & Ors [2016] EWHC 268 (Ch). This long-running claim for breach of trust principally concerned the relationship between an English will trust of a Swiss resident and a Liechtenstein Establishment and issues regarding remuneratio...

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Bibliographic Details
Published in:Trusts & trustees 2016-09, Vol.22 (7), p.741-752
Main Authors: Furness, Michael, Campbell, Emily, Scott, Tiffany, Atkinson, Simon
Format: Article
Language:English
Subjects:
Appointments & personnel changes
Beneficiaries
Evidence
Law
Trials
Trustees
Trusts
Online Access:Get full text
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Summary:On 18 February 2016, Asplin J delivered judgment in Labrouche v Frey & Ors [2016] EWHC 268 (Ch). This long-running claim for breach of trust principally concerned the relationship between an English will trust of a Swiss resident and a Liechtenstein Establishment and issues regarding remuneration of the trustees. The claims, all but one of which were dismissed, were brought by a disgruntled beneficiary against former trustees including his mother, who is also the life tenant. This article deals with issues raised by the case, including the correct approach to drawing inferences from the evidence of events which happened a long time ago, the nature of a trustee's duty to account, and tracing.
ISSN:1363-1780
1752-2110
DOI:10.1093/tandt/ttw093