Podcast Location:
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Categories:
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CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast serves as an overview of the law relating the ability of trustees to avoid liability for breach of trust by having an exemption clause drafted into the trust document. It looks at the current Court of Appeal authority on this area and asks what is next by turning to the Law Commission's radical reform proposals and draft bill.

Outcomes:
After completing the course you will:
  • Understand the issues involved where a trustee cannot be meaningfully held liable for his breach of trust and grasp the nature of the arguments for and against;
  • Know the limitations the law currently makes on trustee liability exemption clauses;
  • Understand the terms and likely impact of the Law Commission's reform proposals.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Introduction
Legal Principles
Sources and References:
  • Armitage v Nurse & Ors [1997] 2 All ER 705;
  • Bogg & Ors v Raper & Ors [1998] EWCA Civ 661;
  • Walker v Stones [2001] 2 WLR 623;
  • Trustee Act 2000;
  • Unfair Contract Terms Act 1977;
  • Pensions Act 1995;
  • Companies Act 2006;
  • Financial Services and Markets Act 2000;
  • Trustee Exemption Clauses Law Commission Report No. 301.
Tags:

This podcast addresses the various means by which a settlor can exempt a trustee from liability for breach of trust. It examines the remaining limitations on being able to exclude liability and finally analyses the Law Commission's reform proposals for this area of law.

Podcast added: 11/03/10

Podcast last reviewed: 2011-08-31

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