"Trusts and the law of illegality" - Trusts and Trustees (OUP) article by Clifford Darton

Clifford Darton’s substantial article on trusts and the law of illegality has been published in this month’s edition of the OUP’s Trust and Trustees Journal.  The article considers how the law of illegality should be applied to trust claims and clams for breach of fiduciary duty.  It looks at the differing approaches in Tinsley v Milligan [1994] 1 AC 340 and Allen v. Hounga [2014] UKSC and seeks to foreshadow the awaited judgment of the Supreme Court in Patel v Mirza [2014] EWCA Civ 1047.

Clifford was asked to write the article as a consequence of appearing for the successful Claimant in the recent “illegality case” of Hniazdzilau v Vajgel [2016] EWHC 15 (Ch).