Hayim v Citibank N.A.

JurisdictionUK Non-devolved
CourtPrivy Council
Judgment Date1987
Date1987
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90 cases
  • Hannoun v R Ltd
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 18 March 2009
    ...2 ACLR 549, referred to. (4) Great Wheal Busy Mining Co., In reELR(1871), L.R. 6 Ch. App. 196, referred to. (5) Hayim v. Citibank N.A., [1987] A.C. 730; [1987] 3 W.L.R. 83, not followed. (6) Humber Ironworks & Ship-building Co., In reELR(1875), 1 Ch.D. 576, referred to. (7) Kelly v. MawsonU......
  • Bland v Ingrams Estates Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 October 2001
    ...and a trustee who neglected in the performance of a duty to protect the trust estate: see per Lord Templeman in Hayim v Citybank NAELR ((1987) AC 730). In such a case the beneficiary might join the trustee as a defendant to the action and sue in right of the trust and in the shoes of the tr......
  • Wong Moy (administratrix of the estate of Theng Chee Khim, deceased) v Soo Ah Choy
    • Singapore
    • Court of Appeal (Singapore)
    • 13 September 1996
    ...to recover the assets of the estate of Theng. On this question it is relevant to refer to the case of Hayim & Anor v Citibank NA & Anor [1987] 1 A C 730, which was a decision of the Privy Council on an appeal from the Court of Appeal of Hong Kong. In that case, the testator by his will disp......
  • Cattley v Pollard
    • United Kingdom
    • Chancery Division
    • 7 December 2006
    ...But as Mr Halpern also pointed out, a beneficiary has no cause of action against a third party save in exceptional circumstances (see Hayim v Citibank [1987] AC 730 at p 748F per Lord Templeman). S 21(1) also refers to an action brought by a beneficiary but I consider that it would be surpr......
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2 firm's commentaries
  • Trustee Exemption Clauses: Redundant Or Required? By Archie J. Rabinowitz, B.A., L.L.B.*
    • Canada
    • JD Supra Canada
    • 19 November 2012
    ...any loss not attributable: 3. An example of this type of clause can be found in the English Privy Counsel decision of Hayim v. Citibank, [1987] AC 730, in which the testator appointed an executor on the terms that the executor “shall have no responsibility or duty with respect to” his house......
  • Trustee Exemption Clauses: Redundant Or Required?
    • Canada
    • Mondaq Canada
    • 26 November 2012
    ...2. R.S.O. 1990, c. T.23. 3. An example of this type of clause can be found in the English Privy Counsel decision of Hayim v. Citibank, [1987] AC 730, in which the testator appointed an executor on the terms that the executor "shall have no responsibility or duty with respect to" his house i......
1 books & journal articles
  • Scottish Trusts in the Common Law
    • United Kingdom
    • Edinburgh Law Review No. , September 2013
    • 1 September 2013
    ...the beneficiary may be allowed to proceed against a third party without the cooperation of the trustee: Hayim v Citibank N A [1987] AC 730 at 747–748. But even in this case, he is exceptionally allowed to enforce the trustee's rights; this is shown by the requirement that the beneficiary mu......

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