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PART V: Trusts
Latest update: 2010-Feb-16
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TABLE OF CASES TABLE OF STATUTES TABLE OF STATUTORY INSTRUMENTS
SWEET & MAXWELL
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Chapter 28: Breach of Trust
28-45
ADD AT END OF SECOND PARAGRAPH: All these claims brought against third parties have the effect of reducing the amount of the beneficiary's loss resulting from the breach of trust. Any sum which the beneficiary recovers would therefore be reflected in a reduction of the amount of the trustee's primary liability for the breach. Equally, a third party who is liable to give restitution of money which he received beneficially, and with unconscionable knowledge that it derived from the breach, may claim a contribution from other parties who are liable in respect of the same damage. For the purposes of the contribution, the claim against the beneficial recipient is treated as one to recover compensation for damage sustained through the initial breach [Charter plc v City Index Ltd [2007] EWCA Civ 1382, [2008] Ch. 313, applying Civil Liability (Contribution) Act 1978, s.6(1)].
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