For over 100 years, the English Courts have entertained applications by trustees for directions, including to bless proposed “momentous” exercises of powers. Recently, this jurisdiction has extended through judicial decisions to corporate office-holders. The jurisdiction has received increasing scrutiny, not least in relation to the vexed question of immunity, resulting in the Court of Appeal’s recent decision in Denaxe Ltd v Cooper  EWCA Civ 752, a case which David Mohyuddin KC and Daniel Burton succeeded in resisting an appeal brought against the former receivers appointed in 2019 by way of equitable execution over certain assets relating to Blackpool Football Club.
This article written David Mohyuddin KC and Daniel Burton considers the jurisdiction’s origins and expansion, before concluding that there are cogent reasons for its continued existence in relation to both trusts and the corporate sphere.
Read the full article here.