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Richard Dew acts for successful Claimants in Cotterell v Allendale

27th Aug 2020

Richard Dew recently appeared before Chief Master Marsh in Cotterell and Cutsem v Allendale and Beaumont [2020] EWHC 2234. The case clarified an important point of principle for practitioners—whether section 57 of the Trustee Act 1925 permits the court to vary trustees’ management or administration powers generally, or whether a specific transaction must be envisaged. The court held that such powers could be conferred, including a power to permit self-dealing, even if the trustees had no specific envisaged transaction. This will make it possible to bring applications to bring trustees’ powers up to date generally, without using the more cumbersome route of the Variation of Trusts Act 1958.

Richard Dew Richard Dew Call 1999
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