Relieving the trustee-solicitor: a modern perspective on Section 61 of the Trustee Act 1925?

By John Lowry and Rod Edmunds

28 March 2017

Publication details

Lowry, John; Edmunds, Rod; (2017) 'Relieving the trustee-solicitor: a modern perspective on section 61 of the Trustee Act 1925?', The Law Quarterly Review, 133, p. 223-243. Available on UCL Discovery.

Abstract

Examines case law on the court's exercise of the discretion under the Trustee Act 1925 s.61 to relieve conveyancing solicitors of breach of trust liability after they have unknowingly forwarded a client's monies to a fraudster. Comments on a trend, exemplified by the Court of Appeal judgment in Santander UK v RA Legal Solicitors, of including a causation analysis in this decision-making. Discusses why the reasonableness criterion is problematic.