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Equity and Trusts 2013/14 LW 3370 Tutorial 3Trustees’ Powers of Advancement, Investment, Delegation of Tasks and Personal Liability for Breach of Trust |
Fiduciary duties: 486-488, 505-507, 510-514
Power of advancement (do not worry about how perpetuities might apply): 475-478.
Investment: 421-444; Delegation: 454-457.
Personal liability of trustees for breach: 543-552, 554-557, 564-572.
DAVIES AND VIRGO CASEBOOK
Fiduciary duties: 660-662
Advancement: 556-557, 635, 639-641.
Investment: 566-578, 580-598; Delegation: 601-603, 604-607.
Personal liability of trustees for breach: 684-686, 697-698, 725-757, 776-786.
HALEY AND MCMURTRY
Investment and delegation: 14.01-14.18 (omit 14.15); 12.34-12.35
Duties and breach: 13.01-13.10; 13.20-13.33; 17.01-17.27.
Re Pauling's ST  Ch. 303, CA; Nestle v Nat West  WLR 1260; Cowan v Scargill  Ch 270; Armitage v. Nurse  2 All ER 705; Target Holdings v. Redferns  1 AC 421
Students should divide into four sections (e.g. in a tutorial of eight, there should be four pairs). Although everyone should prepare all of the issues, please assume that you are acting for one of the four parties: (i) Simon (ii) Rowena (iii) Betty (iv) Archie.
Your task is to do the best for your client, bearing in mind that a negotiated settlement will avoid the costs and uncertainty of litigation. Consider the strength of the other parties' position, as you prepare your client's brief.
* Representatives of the beneficiaries should consider what remedies they want and the basis of the claim.
* Representatives of the trustees should consider what information they can put forward to resist a claim and what defences are available.
John Smith died in 2007, leaving his residue (valued at that time at £2 million) on trust. The residue consisted of £1 million of shares in twenty public companies and £1...