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On appeal from: [2016] EWCA Civ 557

This appeal considered what the proper construction of the Limitation Act 1980, s 21(1)(b) is. It considered whether a wrongdoing trustee’s direct or indirect control of a company which receives trust property is sufficient to engage that section, even though it requires the trust property or its proceeds to be in the possession of the trustee, or previously received by the trustee and converted to his use. It also considered what the meaning is of ‘unlikely to be discovered for some time’ in the Limitation Act 1980, s 32(2).

The Supreme Court unanimously dismisses the appeal, finding that section 21(1)(b) applies to trustees who are company directors, who are to be treated as being in possession of the trust property from the outset. The Court declines to express a final view on section 32. Lord Briggs gives the judgment, with which the rest of the Court agrees.

For judgment, please download: [2018] UKSC 14

For Court’s Press Summary, please download: Court’s Press Summary

For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court Website (7 Dec 2017 morning session) (7 Dec 2017 afternoon session)