Allens Focus: When is a trust a commercial necessity?

In brief: The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. The decision emphasises that a trust will not arise unless the parties expressly declare their intention to create a trust, or if such an intention can be clearly inferred from the language of the parties and the commercial circumstances. Partner Matthew Whittle and Lawyer Glyn Ayres report. Read more.
Location