Guernsey Judgment 28/2009 - Hutcheson et al v Spread Trustee Co Ltd

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Statutory interpretation - Trusts (Guernsey) Law, 1989, as amended in 1991 - provision that the terms of a trust cannot relieve a trustee of liability arising from gross negligence - whether retrospective effect prior to 1991 or 1989 - Guernsey and Jersey legislation compared - held that the 1991 statutory provision as to gross negligence was declaratory rather than novel - acting with gross negligence not compatible with acting en bon père de famille - held that the exoneration clause as to gross negligence was ineffective both before and after the legislation of 1989 and 1991 - leave granted to appeal to the Court of Appeal (See Judgment 10/2009)