“…tten submissions that claims brought by beneficiaries of a trust against a third party have been described as derivative claims: Roberts v Gill [2010] UKSC 22, [2011] 1 AC 240.…”
“…beneficiary sues in the right of the trust or estate and does not enforce duties owed to him directly. As Lord Collins of Mapesbury explained in Roberts v Gill [2011] 1 AC 240 at [21] the claimant in that case wished to take advantage of a passage in the speech of Lord Nicholls of Birkenhead in Royal Brunei Airlines Sdn Bhd v Tan [19…”
“…For completeness, it should be noted that in AIG the Deputy Judge also referred briefly to the decision of the Supreme Court in Roberts v Gill [2010] UKSC 22, [2011] 1 AC 240 (“Roberts”).…”