Where a trustee sought to rely upon an exemption clause, to relieve him against a claim for a breach of trust, the exemption clause would be of no avail where the trustee was to be paid for his services. The terms of these clauses were contradictory.
Citations:
Times 18-May-1999, Gazette 09-Jun-1999, [1999] EWCA Civ 1309
Jurisdiction:
England and Wales
Citing:
Appeal from – Wight and Another v Olswang and Another ChD 17-Sep-1998
Where a clause exempting trustees was ambiguous. the clause would be construed against the trustee. Where second such clause exempted only unpaid trustees but in limited fashion, a first clause was to be read similarly. . .
Cited by:
Appealed To – Wight and Another v Olswang and Another ChD 17-Sep-1998
Where a clause exempting trustees was ambiguous. the clause would be construed against the trustee. Where second such clause exempted only unpaid trustees but in limited fashion, a first clause was to be read similarly. . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 30 May 2022; Ref: scu.146224
