Cooper v PRG Powerhouse Ltd (in creditors’ voluntary liquidation)

16th March 2008

[2008] All ER (D) 211 (Mar); [2008] EWHC 498 (Ch); 14th March 2008; Chancery Division; Evans-Lombe J

The applicant paid money to the company on the basis that the money would be paid on to another company.  The company then entered into administration and the money was never paid on. It was held that for a purpose trust to be established, the payer needed to show that the purpose was defined under the arrangement in such a way that it was understood by the recipient that the money was not at his free disposal.

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