CA 1259 – Watson v Kea Investments Ltd [2019] EWCA Civ 1759
This case provides useful guidance in respect of the appropriate method in assessing interest payable in respect of breach of trust cases. In particular, it confirms that in appropriate cases where there is sufficient evidence, the rate of interest payable ought to be assessed on the basis of the equivalent rate of interest which could have been obtained if the money had been invested in a proper trustee investment. A fixed rate of interest based upon the level of interest which could have been obtained by borrowing or depositing the money was not appropriate in this instance.
This article was first published by Lexis®PSL on 28/10/2019 (Clink on the link above for the full article).
georgiakatewhiting 