BARBADOS TRUST CO v BANK OF ZAMBIA

[2007] Lloyd's Rep. Plus 28

COURT OF APPEAL

Before Lord Justice Waller, Lord Justice Rix and Lord Justice Hooper

Contract – Enforcement by third party – Claim for outstanding advances made to defendant – Advances made by trustee for claimant – Validity of declaration of trust – Whether declaration of trust prohibited by terms of advances – Validity of assignment to trustee – Whether third party beneficiary could bring action in its own name.