The plaintiff building society had paid moneys to solicitors and the solicitors had wrongly paid them away in breach of their instructions.
Held: The building society obtained orders for interim payment against the solicitors on the grounds that they were liable for breach of trust. If the building society had known the true facts it would not have made the advance. At the date of judgment a certain loss had been demonstrated in that the breach of trust had caused the building society to enter into a transaction in which they would not have participated had there been no breach of trust.
Judges:
Hoffmann J
Citations:
Unreported, 18 January 1991
Jurisdiction:
England and Wales
Trusts, Legal Professions
Updated: 07 December 2022; Ref: scu.251378