Trustee Liability & Exemption Clauses
- Podcast Location:
- Sorry, this podcast has been removed as it is now out of date
- Categories:
-
Trusts & Charities
- CPD Points:
- Up to 1 point. details »
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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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- Cost:
- a) £65+VAT for this CPDcast only
- b) £299+VAT for unlimited access to all of our podcasts. details »
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- 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
- 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.
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
This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.
