Where do we stand following the Supreme Court’s decision in AIB Group (UK) v Mark Redler & Co Solicitors [2014]?
In the context of a trust arising in a 'commercial contexts, Target Holdings per Lord Browne Wilkinson sets out the correct approach.
But is there scope for further debate in other contexts?
Maybe, but it will require a bold litigant to raise the argument again.
Thomas Fletcher
New Square Chambers, London
Target Holdings v Redferns is toast