Trustee liability: Neither borrower nor a lender be

Macfarlanes LLP | Trusts and Estates Law & Tax Journal | December 2020 #219
Trustees cannot always rely on indemnities. Charles Gothard, Robin Vos and Hannah Kalveks explore a breach of trust claim given the go-ahead despite an exoneration clause The trustee had applied to strike out the claimant’s case on the basis that there were insufficient particulars of dishonesty. The Court of Appeal has ruled that a breach …

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Investec & anr v Glenalla & ors [2019] WTLR 95

Wills & Trusts Law Reports | Spring 2019 #174

The Background

The Privy Council heard eight appeals arising from the management of the Tchenguiz Discretionary Trust (“TDT”) between March 2007 and October 2008.

The TDT is a discretionary trust governed by the law of Jersey; in the period in question it had two trustees which were governed by Guernsey law: Investec Trust (Guernsey) Limited (“Investec”) and Bayeux Trustees Limited (collectively “the Trustees”). In July 2010 the Trustees were replaced as trustees of the TDT by Rawlinson & Hunter Trustees SA (“R&H”), a company incorporated in Switzer...

Berube v Gudsell & anr WTLR(w) 2008-16

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