Agarwala v Agarwala

Trust and trustee – Profit from trust. The Court of Appeal, Civil Division, allowed part of an appeal against two orders in which the respondent, JA, had been ordered to pay compensation for loss of profits to her claimant brother-in-law, SA, in respect of a property for which JA was a bare trustee, but SA was the beneficial owner. The court allowed the appeal to the limited extent that the judge had erred in awarding equitable compensation by reference to notional profit, rather than an account of the actual profits made following the point at which JA had lawfully been in possession of the property.

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