''Armitage v Nurse''
EWCA_Civ_1279is_the_leading_decision_in_English_trusts_law.html" ;"title="997
EWCA Civ 1279is the leading decision in English trusts law">997
EWCA Civ 1279is the leading decision in English trusts law concerning the validity of exemption clauses. The Court of Appeal of England and Wales, Court of Appeal held that in English law trustee exemption clauses can validly exempt trustees from liability for all breaches of trust except fraud. [
illet LJ gave the leading judgment.
Facts
Millett LJ
Peter Julian Millett, Baron Millett, , (23 June 1932 – 27 May 2021) was a British barrister and judge. He was a Lord of Appeal in Ordinary from 1998 to 2004.
Biography
Early life
The son of Denis and Adele Millett, he was educated at H ...
summarises the facts at p. 248 of the report.
Judgment
In the hearing of the Court of Appeal, Bernard Weatherill QC for Armitage submitted that the "irreducible core" duties of a trustee include the following.
:(1) a duty to inquire into the extent and nature the property and the trusts (see ''
Hallows v Lloyd'' (1888) 39 Ch D 686, 691; ''
Nestlé v National Westminster Bank Plc''
993
Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...
1 WLR 1260, 1265e, 1266h, 1275e-g and ''
Wyman v Paterson''
900
__NOTOC__
Year 900 ( CM) was a leap year starting on Tuesday (link will display the full calendar) of the Julian calendar.
Events
By place
Abbasid Caliphate
* Spring – Forces under the Transoxianian emir Isma'il ibn Ahmad are ...
AC 271);
:(2) a duty to obey directions in the settlement unless the deviation is sanctioned by the court (see ''
Harrison v Randall'' (1851) 9 Hare 397, 407 and ''
Royal Brunei Airlines Sdn Bhd v Tan
is an English trusts law case, concerning breach of trust and liability for dishonest assistance.
Facts
Royal Brunei Airlines appointed Borneo Leisure Travel Sdn Bhd to be its agent for booking passenger flights and cargo transport around Saba ...
''
995
Year 995 ( CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar.
Events
By place
Japan
* 17 May - Fujiwara no Michitaka (imperial regent) dies.
* 3 June: Fujiwara no Michikane gain ...
2 AC 378, 390a-b);
:(3) a duty to account for his stewardship of the assets under his control;
:(4) a duty to carry on the business of the trust with the degree of prudence to be expected of a hypothetically reasonably prudent man of business (see ''
Speight v Gaunt
''Speight v Gaunt'' 883UKHL 1is an English trusts law case, concerning the extent of the duty of care owed by a fiduciary.
Facts
Mr John Speight, a Bradford industrialist, had appointed Mr Isaac Gaunt and Mr Alfred Wilkinson as trustees for his ...
'' (1883) 9 App Cas 1, 19 and ''
In re Whiteley'', ''
Whiteley v Learoyd'' (1886) 33 ChD 347, 355).
Gregory Hill made submissions for Nurse.
Court of Appeal
Millett LJ
Peter Julian Millett, Baron Millett, , (23 June 1932 – 27 May 2021) was a British barrister and judge. He was a Lord of Appeal in Ordinary from 1998 to 2004.
Biography
Early life
The son of Denis and Adele Millett, he was educated at H ...
held that only a clause which purported to exclude liability for fraud would be considered repugnant and contrary to public policy. Thus the exclusion clause in favour of the trustee was allowed.
This case was cited by the NSW Supreme Court case of Maleski v Hampson.
[2013
/nowiki>_NSWSC_1794.html" ;"title="013">[2013
/nowiki> NSWSC 1794">013">[2013
/nowiki> NSWSC 1794/ref>
See also
*Trusts law
Notes
{{English law types
English trusts case law
Court of Appeal (England and Wales) cases
1997 in United Kingdom case law