Vol 16 (2019) - Issue 1

Article preview

Burnden Holdings (UK) Ltd v Fielding [2018] UKSC 14

Synopsis

In Burnden Holdings (UK) Ltd v Fielding, the Supreme Court provided clear guidance regarding the application of section 21(1)(b) of the Limitation Act 1980 to company directors. In short, in contrast with express trustees, it now appears that for the purposes of section 21(1)(b) a company director will generally be treated as having 'previously received' trust property or the proceeds of trust property by virtue of being the fiduciary steward of the company’s property, such that the focus of the Court’s attention under the sub-section will principally be whether the property was 'converted to his use'.