Following Spread v Hutcheson, Guernsey and Jersey trusts law has been aligned more closely with English and Welsh law with regards to duties and standards of care. However, a clear legislative provision is required in England and Wales in order to limit exclusions and exemption
This article is concerned with s. 61 of the Trustee Act 1925. It will analyse the origins, design an...
This article addresses the tensions inherent in the courts' examinations of exclusion clauses. It is...
The influence of the Constitution on the enforceability of exemption clauses contained in contracts ...
EXEMPTING A trustee for gross negligenceCan an exemption clause exclude a trustee’s liability for gr...
This article analyses the recent decision of the Judicial Committee of the Privy Council in Spread T...
A personal response to the Law Commission of England and Wales Consultation Paper 171, Trustee Exemp...
A review of the Special Trusts (Alternative Regime) Law 1997 (STAR) enacted in the Cayman Islands. A...
After a long wait, we have the Trusts and Succession (Scotland) Bill to mull over. The proposed legi...
Asset protection trusts (APTs) are trusts that are designed to shield the settlor's assets from the ...
This article considers the nature of a trust beneficiary’s rights. Specifically, it challenges a bod...
In recent years, a large number of Americans have established asset protection trusts in foreign c...
The inclusion of a statutory moratorium has been a consistent feature of UK insolvency regimes, most...
n the previous article, I discussed two case studies involving discriminatory testamentary provision...
Contracts create binding legal relationships between the parties to that contract. In Scotland and E...
A fairly recent decision of the Jersey Royal Court involving the rules for validity of trusts reve...
This article is concerned with s. 61 of the Trustee Act 1925. It will analyse the origins, design an...
This article addresses the tensions inherent in the courts' examinations of exclusion clauses. It is...
The influence of the Constitution on the enforceability of exemption clauses contained in contracts ...
EXEMPTING A trustee for gross negligenceCan an exemption clause exclude a trustee’s liability for gr...
This article analyses the recent decision of the Judicial Committee of the Privy Council in Spread T...
A personal response to the Law Commission of England and Wales Consultation Paper 171, Trustee Exemp...
A review of the Special Trusts (Alternative Regime) Law 1997 (STAR) enacted in the Cayman Islands. A...
After a long wait, we have the Trusts and Succession (Scotland) Bill to mull over. The proposed legi...
Asset protection trusts (APTs) are trusts that are designed to shield the settlor's assets from the ...
This article considers the nature of a trust beneficiary’s rights. Specifically, it challenges a bod...
In recent years, a large number of Americans have established asset protection trusts in foreign c...
The inclusion of a statutory moratorium has been a consistent feature of UK insolvency regimes, most...
n the previous article, I discussed two case studies involving discriminatory testamentary provision...
Contracts create binding legal relationships between the parties to that contract. In Scotland and E...
A fairly recent decision of the Jersey Royal Court involving the rules for validity of trusts reve...
This article is concerned with s. 61 of the Trustee Act 1925. It will analyse the origins, design an...
This article addresses the tensions inherent in the courts' examinations of exclusion clauses. It is...
The influence of the Constitution on the enforceability of exemption clauses contained in contracts ...