Private trust companies: a future for derivative claims?

Abstract

This excellent article by Elizabeth Weaver of XXIV Barristers' Chamber, looks at how the use of a private trust company may affect the legal remedies available to a beneficiary who wishes to complain about the conduct of the trustee or some aspect of the administration of the trust. In particular, it considers whether action can be taken directly against a director of a private trust company—the so-called ‘dog leg’ claim—and the impact of the 2008 decision in Gregson v HAE Trustees.

Please click on the pdf icon below to view the full article (published by Trusts and Trustees - 2nd of March 2011).