Sophie Holcombe and Jamie Randall writes for Trusts & Trustees

In their recent article for Trusts & Trustees, Sophie Holcombe and Jamie Randall write, 'Ivanishvili v Credit Suisse Trust: (not) limiting trustee’s liability'.

The decision in Ivanishvili v Credit Suisse Trust Ltd (“Credit Suisse Trust”) is an important reminder of the high standards expected of trustees and the circumstances in which a trustee will be liable for loss to the trust fund. This article focuses on three ways in which Credit Suisse Trust sought to avoid liability. Two of these are concepts that are prevalent in modern trust deeds: anti-Bartlett clauses and the reservation of powers. The third is an import from the law of tort: the application of the scope of duty principle to claims for breach of fiduciary duty.

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Related Barristers

Sophie Holcombe

Call: 2009

Jamie Randall has a practice spanning a wide range of disputes concerning commercial and personal interests, and frequently the interconnection between the two. His recent trust and probate work covers the full spectrum of traditional chancery proceedings, including claims for breach of trust, accounts and removal of trustees, proprietary estoppel, 1975 Act claims, and probate disputes. Those cases often have an international element and he has acted on cases in numerous jurisdictions, including Jersey, Guernsey, Singapore, The Bahamas and Bermuda. His commercial work often includes claims for breach of fiduciary duty, deceit, unfair prejudice and insolvency-related issues.

Prior to coming to the Bar, Jamie worked in strategy consulting focused on the financial services sector. He approaches cases with pragmatism and always maintains a focus on the commercial outcome for clients. He also still enjoys being able to apply his financial experience to complex claims concerning valuation and forensic accounting issues.