Breach of trust and consequential loss

Abstract

This article discusses the recovery of consequential loss following a breach of trust. The traditional method of enforcing trustee duties - the account - cannot accommodate consequential recovery. However, the position may be changing because cases now short-circuit the accounting process and simply award equitable compensation for breach of trust. The article also discusses consequential recovery for breach of fiduciary duty and various common-law claims, and explains when those claims will lie in the alternative to a claim for breach of trust.