[2023]GRC049 - Kazzaz and Ask One Limited and H.Al-Kawaz and A.Abdulwalid v Standard Chartered Trust Limited and Songbird Limited - 22 - September - 2023

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Trustee’s duty of care when accepting trust and when retaining trust assets. Limitation of actions in
trust claims (s 76 of Trusts (Guernsey) Law 2007). Required elements to prove fraud against a
corporation. Nature of claim by creditors of “insolvent” trust against trustees. Status and
admissibility of judgment, pleadings and evidence in previous proceedings in another jurisdiction -
issue estoppel, Henderson v Henderson abuse of process, admissibility as hearsay; rule in Hollington
v Hewthorn ([1943] KB 58) not part of Guernsey law. Facts, not evidence, to be pleaded in Guernsey
pleadings.