Burnden Holdings (UK) Ltd (in liquidation) v Fielding and another

Company – Director. The Court of Appeal, Civil Division, in allowing a company's appeal against a judge's ruling that its claim for breach of fiduciary or statutory duty was time-barred, held that s 21(1)(b) of the Limitation Act 1980, which provided that no period of limitation prescribed by the Act applied to an action by a beneficiary under a trust 'to recover from the trustee trust property or the proceeds of trust property in the possession of the trustee, included a transfer to a company directly or indirectly controlled by the trustee. Accordingly, no period of limitation applied to the present claim. Further, the availability of a postponed limitation period, such that those proceedings had been commenced in time, under s 32 of the Act, could not be determined on an application for summary judgment.

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