In Burns v Burns [2021] EWHC 75 (Ch), the Court held that the designated members of a LLP had no real prospect of defending a claim that they had dishonestly assisted in a breach of trust involving the dissipation of C’s pension monies. Applying the test in Ivey v Genting, Ds ought to have known that the use to which they said C’s monies had been put was improper as being outside the terms of the investment contemplated by a brochure they had produced. The decision illustrates that the Court will grant summary judgment in an appropriate case, even where serious allegations of dishonesty were made (and strenuously denied by Ds).
Tom Shepherd acted for the successful claimant.
See here for a recent case note (third party website).
