Question
Julia is the trustee of a trust for the benefit of Alan. On the 5 th she misappropriates 75,000 from the trust. She used 10,000
- Julia is the trustee of a trust for the benefit of Alan. On the 5thshe misappropriates 75,000 from the trust. She used 10,000 of this money, together with 5,000 of her own money to purchase some shares in Barclays - the shares are now worth 12,000. She pays the remaining 65,000 of it into her overdrawn bank account with Barclays Bank, thus raising the bank balance to 60,000. She then pays in 10,000 of her own money.
On 6thJanuary Julia makes the following payments from her account. She buys shares for 10,000 in Tesco which are now worth 15,000. She also transfers 30,000 to Chris, who is Julia's lover. Chris uses this to pay off his mortgage with the Yorkshire Building Society. The previous week, Chris had accidentally seen a note on Julia's phone about the trust, although he didn't really understand what it meant, he was worried that it might mean that she was not managing Alan's trust quite how she was supposed to.
On 7thJanuary Julia gives 10,000 to her son, Tarquin as a birthday gift. Tarquin is used to receiving lavish gifts from his mother, although this one was larger than usual. The money enabled Tarquin to install a new central heating system in the flat that he owns.
Julia uses the remaining 20,000 to pay for a luxury Trans-Siberian railway journey for herself and Chris.
Critically identify the proprietary claims against Julia, Tarquin and Chris and include any relevant case law.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started