Re Thompson's Settlement

The self dealing rule makes any purchase of trust property by a trustee voidable by the beneficiaries, however fair the transaction.

Citation
[1986] Ch 99
Court
Chancery Division
Year
1986
Subject
Equity and Trusts
Topic
Fiduciary duties

Facts

The trustees of a settlement held leases of land, which they assigned to companies in which some of the trustees and beneficiaries were interested. The other beneficiaries challenged the assignments, arguing that they were made in breach of the rule that trustees must not deal with trust property for their own benefit.

Legal principle

Vinelott J held that the assignments were voidable. He said that the self dealing rule is an application of the wider principle that a man must not put himself in a position where duty and interest conflict, and that it applies wherever a trustee is on both sides of the transaction, including where he is a director or shareholder of a company that buys the trust property. The beneficiaries can set the transaction aside as of right, however fair it may be, unless they consented to it. The rule applied to the grant or assignment of leases as well as sales.

Related cases on fiduciary duties

Studying equity and trusts? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions