Venue: 4 New Square
This talk focuses on claims against trustees (and particularly professional trustees). We consider:
- The duties owed by trustees (including the distinction between duties of care and fiduciary duties and the rules relating to investments by trustees)
- The legal mechanisms that are available to a beneficiary, including claims for compensation/damages and the falsification of accounts
- Defences (such as under Section 61 of the Trustee Act 1925)
- The availability of alternative remedies such as rectification (in light of Pitt v. Holt).
- Causation and quantification of loss and the equitable equivalent of common law principles such as failure to mitigate.
The talk can be adapted for a range of audiences, but is aimed primarily at those doing professional liability or general commercial litigation who wish to increase their knowledge of the issues likely to arise in claims involving trustees.
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