Whether the respondent trustees would be entitled to rely in their defences on the clause in the trust deed exempting them from liability for breach of trust, except in the case of ‘wilful and individual fraud or wrongdoing’ on the part of the trustee who is sought to be made liable. Fraud is not alleged. Wilful individual wrongdoing is alleged.
Citations:
[2008] EWCA Civ 373
Links:
Jurisdiction:
England and Wales
Trusts
Updated: 04 December 2022; Ref: scu.266872