Trustee liability: Neither borrower nor a lender be

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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Cases Referenced

  • Fattal & ors v Walbrook Trustees (Jersey) Ltd & ors [2010] EWHC 2767 (Ch)
  • Sofer v SwissIndependent Trustees SA [2020] EWCA Civ 699; [2020] WTLR 1075 ChD