Elspeth Talbot Rice QC and Andrew Holden ask who is a “trustee” for limitation purposes?
Section 21(1) of the Limitation Act 1980 provides for there to be no period of limitation for claims by benefi ciaries under a trust in respect of a fraudulent breach of trust to which the trustee was party or privy, or to recover trust property in his hands. But who is a trustee for this purpose? In Williams v Central Bank of Nigeria, the Supreme Court decided that third party accessories to a breach of trust are not. In this article, we explore who is. In particular, we look at company directors, liquidators, and trustees in bankruptcy.