Kershaw v Whelan (No 2)
| Jurisdiction | England & Wales |
| Judgment Date | 23 January 1997 |
| Date | 23 January 1997 |
| Court | Queen's Bench Division |
Queen's Bench Division
Before Mrs Justice Ebsworth
Kershaw
and
Whelan (No 2)
Equity - breach of fiduciary duty - Limitation Act not applicable
Action survives in equity
Where a claim was made in the alternative for negligence and breach of fiduciary duty in respect of the same subject matter, the Limitation Act 1980 did not apply either directly or by analogy to the claim in equity. The plaintiff could pursue the claim for fiduciary breach, in the absence of laches or acquiescence, even where the claim in negligence was statute-barred.
Mrs Justice Ebsworth so held in giving judgment in Winchester after trial of preliminary issues of limitation in an action brought in the Liverpool Registry of the Queen's Bench Division of the High Court by Ian Kershaw for damages for breach of duty of care, negligence and breach of fiduciary duty by the defendant, Alan H Whelan in dealing with the estate of his father, Cyril Kershaw.
Mr Nicholas Davidson, QC, for the...
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4 cases
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Companhia de Seguros Imperio v Heath (REBX) Ltd and Others
...by Millett LJ in Paragon and in any event was a decision in which section 36 was not referred to. The decision of Ebsworth J in Kershaw v Whelan (No 2) unreported, January 23 1997, was also a decision in Mr Flaux's favour but he did not feel able to rely on its reasoning to support his argu......
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Miley v Flood (no 1)
...CATHCART, IN RE EX-PARTE CAMPDELL 1870 LR5 CH APP 703 LYELL V KENNEDY 23 CHD 387 INTERNATIONAL CREDIT & INVESTMENT COMPANY LTD V ADHAM TLR 10.2.1997 MORRICK "PROFESSIONAL PRIVILEGE: THE CLIENT'S IDENTITY" 1980 124 SOL J 303 CONOCO (UK) LTD V COMMERCIAL LAW PRACTICE 1997 SLT 372 WALKER & WA......
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Coulthard v Disco Mix Club Ltd
...v. Lord Annesley (1806) 2 Sch. & Lef. 607 Kelly v. Cooper [1993] A.C. 205; [1992] 3 W.L.R. 936, P.C. Kershaw v. Whelan (No. 2), The Times, 10 February 1997 Knox v. Gye (1872) L.R. 5 H.L. 656, Nelson v. Rye [1996] 1 W.L.R. 1378; [1996] 2 All E.R. 186 Paragon Finance Plc. v. D. B. Thakerar & ......
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JSC BTA Bank v Solodchenko (Freezing Order) (No 3)
...only in The Times Law Reports (see International Credit and Investment Co (Overseas) Ltd and another v Adham and others, The Times Law Reports, 10 February 1997), but I have also been supplied with a 34 Harman J described the application as "an extremely unusual one" which was unprecedented......
2 books & journal articles
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Challenges to the Offshore Trust: Fraudulent Conveyances and Conflict of Laws
...(California) and U.S. v. Mueller U.S. Court of Appeals, 11th Cir. 77 AFTR 2d. Par. 96 - 457, No. 90 - 3617. 75. (1997) 141 SJLB 56; The Times, 10 Feb, 1997. 76. Ibid , at p 56. 77. See the landmark case of Spillada Maritime Corp v. Cansoulex Ltd. [1987] AC 460. However, the rules on this pr......
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Lawyers in the Youth Justice Process
...of Legal Aid, Alta. Lawyers Fear,” Lawyers Weekly , February 25, 1994: 2; and “Alberta May Keep Youth Court Public Defenders,” Law Times , February 10, 1997. A study in Ontario recommended more extensive use of specialized youth clinics in that province, along with some continuing represent......