Re Vickery. Vickery v Stephens

JurisdictionEngland & Wales
Date1931
Year1931
CourtChancery Division
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22 cases
  • Appleby Corporate Services (BVI) Ltd (as a Trustee of Clef Trust) Claimant v Citco Trustees (BVI) Ltd Defendant
    • British Virgin Islands
    • High Court (British Virgin Islands)
    • January 20, 2014
    ...to judgment. I will hear Counsel on the appropriate rate or rates of interest. Commercial Court Judge 20January 2014 1 [1980] 1 Ch 515 2 [1931] 1 Ch 572 3 [1998] Ch 241 (CA) 4 as will appear, from time to time different steps were taken with regard to the Trust by various emanations of Ci......
  • John P Greene and Others v Danny Coady and Others
    • Ireland
    • High Court
    • February 4, 2014
    ...clause, however, such as section 30 of the Trustee Act 1925, it means a deliberate breach of trust: In re Vickery; Vickery v. Stephens [1931] 1 Ch. 572. The decision has been criticised, but it is in line with earlier authority: see Lewis v. Great Western Railway Co. (1877) 3 Q.B.D. 195; In......
  • Woodland-Ferrari v UCL Group Retirement Benefits Scheme
    • United Kingdom
    • Chancery Division
    • July 5, 2002
    ...of a trustee exclusion clause, however, such as section 30 of the Trustee Act 1925, it means a deliberate breach of trust: In re Vickery; Vickery -v- Stephens [1931] 1 CH 572… Nothing less than conscious and wilful misconduct is sufficient. The trustee must be "conscious that, in doing the ......
  • Armitage v Nurse
    • United Kingdom
    • Court of Appeal (Civil Division)
    • March 19, 1997
    ......, such as Section 30 of the Trustee Act, 1925 it means a deliberate breach of trust: Re Vickery [1931] 1 h. 572 . The decision has been criticised, but it is in line with earlier authority: ......
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1 firm's commentaries
  • Recent Trust Cases From The BVI Courts: Lessons For Trustees And Advisers
    • British Virgin Islands
    • Mondaq Virgin Islands
    • April 1, 2015
    ...On 17 May 2012. See Kessler, Pursall & Chand, Drafting British Virgin Islands Trusts (1st Edition, 2014) at para 5.28. Re Vickery [1931] 1 Ch. 572. Alexander-Forbes Trustee Services Ltd v Halliwell [2003] OPLR 355; Bonham v Fishwick [2007] EWHC 1859; and confirmed only last year in Barn......
1 books & journal articles
  • The Changing Face of Trusts: The Trusts of Land and Appointment of Trustees Act 1996
    • United Kingdom
    • The Modern Law Review No. 61-1, January 1998
    • January 1, 1998
    ...n 4 above para 11(3).16 TLATA s 9(7). See N. Hopkins ‘The Trusts of Land And Appointment of Trustees Act 1996’ [1996]60 Conv 411, 416.17 [1931] 1 Ch 572.18 [1967] 3 All E R 726; [1968] 1 WLR 866.19 [1997] 2 All ER 705 CA. See also ‘Trustees’ Powers and Duties’, Law Commission ConsultationPa......
1 provisions
  • Trustee Act 2000
    • United Kingdom
    • UK Non-devolved
    • January 1, 2000
    ...by replacing the unsatisfactory provisions of section 23 and section 30 of the Trustee Act 1925 (as interpreted inRe Vickery [1931] 1 Ch 572) with the standard duty of care under section 1. These sections are to be repealed by the 83. Under the present law, in the absence of express provisi......

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