Dispute Resolution
A man is the beneficiary of a trust. He has recently discovered that the trustee has not invested the trust funds properly, which has resulted in no growth as was expected. The man wants to take legal action against the trustee and has sought the help of a solicitor. According to the solicitor, the claim is valued at £300,000. The client lives in Manchester and prefers not to travel. The trustee, on the other hand, is based in London.
In which court should the solicitor file the claim?
A man is the beneficiary of a trust. He has recently discovered that the trustee has not invested the trust funds properly, which has resulted in no growth as was expected. The man wants to take legal action against the trustee and has sought the help of a solicitor. According to the solicitor, the claim is valued at £300,000. The client lives in Manchester and prefers not to travel. The trustee, on the other hand, is based in London.
In which court should the solicitor file the claim?
The High Court of Justice, Manchester District Registry, Chancery Division.
(D) It is recommended that the claim should be filed in the High Court of Justice, Manchester District Registry, Chancery Division if it exceeds £100,000. The High Court has registries in most big cities, and the claimant can choose the district on their claim form. Since the client lives in Manchester, Manchester would be the appropriate registry. The Chancery Division of the High Court handles equity and trusts, which includes breach of trust claims.
Therefore, options (A), (B), and (E) are incorrect, and option (C) is unlikely as the client may not want to travel to London.
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