Scottish invasion seen off by the Privy Council: Spread Trustee Company Limited v Sarah Ann Hutcheson and others (2011) UKPC 13

摘要

This Privy Council case decided the question of whether, prior to 1991, it was permissible for the terms of a Guernsey trust instrument to exclude liability for its trustee's gross negligence. In answering this question in the affirmative, the Privy Council confirmed that, where Guernsey's trusts legislation is silent or open to interpretation, reference should usually be made to English law rather than, as the Guernsey Court of Appeal had suggested, to Scottish law.