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United Kingdom Leading Case breach of trustequitable compensation

AIB Group (UK) plc v Mark Redler & Co Solicitors

[2014] UKSC 58
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2014
StatusBinding authority

Summary

Equitable compensation for breach of trust is assessed on the same causation principles as common law damages, not by automatic restoration of the trust fund.

Key Principle

Where a trustee acts in breach of trust but the beneficiary suffers no loss, equitable compensation is assessed on the same basis as common law damages; the old 'but for' causation-based approach to trustee liability was rejected by the Supreme Court.

Area of Law

trusts

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