Guernsey Judgment 49/2009 - Spread Trustee Company Ltd v Hutcheson et al

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1. Statutory interpretation - Trusts (Guernsey) Law, 1989 as amended in 1991 - appeal from Royal Court finding that an exoneration clause as to gross negligence was ineffective both before and after the legislation of 1989 and 1991 - Jersey, English and Scottish authorities considered - concept of acting en bon père de famille - material before the States of Guernsey when legislating in 1989 and 1991 - Law of 1991 did no more than give statutory effect to what had always been the position - appeal dismissed 2. Application for leave to appeal to the Judicial Committee of the Privy Council - no right of appeal as the decision was interlocutory - leave to appeal refused - Respondents entitled to bring the matter to trial without further delay (See Judgments 10/2009 and 28/2009)