Time For Change: XXIV barristers propose a shake-up of the court’s approach to trustee exclusion clauses

Elspeth Talbot Rice QC and Timothy Sherwin’s article “Time for change: trustees’ liability for negligent investment in offshore portfolio bonds” has been published in the March edition of the Journal of International Banking and Financial Law.

Elspeth and Timothy’s article deals with the problems beneficiaries may face if their trustees invest in offshore portfolio bonds, and that investment bombs. In particular, Elspeth and Timothy grapple with the knotty and relevant issue of trustee exclusion clauses in the context of poor trustee investments, and develop a fresh argument that the court should be able to take control of such clauses in the exercise of its supervisory function in relation to trusts.

Elspeth and Timothy are experienced in international and domestic trusts, estates and commercial litigation. Please contact them to discuss any questions relating to trustee investment and trustee exclusion clauses, or if you are interested in hearing them speak on this topic.

Please click here to read the article.

Save as PDF