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Private Client Adviser Article


Trinity barrister, Simon Goldberg, has written an article published in the July/August edition of Private Client Adviser magazine.

The article is an analysis of the High Court case of Iles v Iles [2012] EWHC 919 (Ch). Simon acted on behalf of the successful claimant in a dispute over land in Darlington which arose as a result of an incomplete declaration of trust. 

The principal issues in the case were: (i) whether, in the absence of any plan or schedule identifying the land to be held on trust, there was sufficient certainty of subject matter so as to constitute a valid trust; and (ii) if so, whether the defendant’s knowledge of the trust was sufficient for her to be held liable to account for monies generate by the land held on trust. 

Finding for the claimant on both issues Mr Justice Briggs, sitting in the Chancery Division, commented on the “difficulty” of the issues raised by the claim. Having rejected the defendant’s evidence as to her state of knowledge, he held that she was liable to account to the claimant for income received under the trust since 2004.

A full copy of the article,which was first published in Private Client Adviser, can be found by PCA subscribers here.

Simon Goldberg is a member of Trinity Chambers’ Chancery Group which deals with trust and property litigation as well as contentious probate and Inheritance Act matters. Whilst operating from Trinity's Chambers in Newcastle and Middlesbrough members of the Group deal with nationwide instructions.

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