Baker & Anor v J E Clark & Co (Transport) UK Ltd & Anor [2006] EWCA Civ 464 (22 March 2006)

Baker & Anor v J E Clark & Co (Transport) UK Ltd & Anor [2006] EWCA Civ 464 (22 March 2006)

The trustee exemption clause in the trust deed protected Mr Clark from liability as there was no allegation of bad faith, and the Unfair Contract Terms Act 1977 did not apply to such clauses. No additional common law or equitable duty of care was assumed beyond the trust terms.

Citation
[2006] EWCA Civ 464
Parties
Claimant/appellant: Derinda Baker; Claimant/appellant: Derinda Ann Baker; Defendant/respondent: J E Clark & Co (Transport) UK Limited; Defendant/respondent: Jeremy Alan Clark
Jurisdiction
England and Wales
Judgment Date
22 March 2006
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division, Bristol Mercantile Court)
Outcome
Appeal dismissed
Legal Topics
Trustee Exemption Clauses, Duty of Care, Unfair Contract Terms Act 1977, Breach of Trust, Summary Judgment
Trusts and Estates Contract Law Tort Law Trustee Exemption Clauses Duty of Care Unfair Contract Terms Act 1977 Breach of Trust Summary Judgment

Case Brief

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Parties

Derinda Baker

Claimant/appellant

Derinda Ann Baker

Claimant/appellant

J E Clark & Co (Transport) UK Limited

Defendant/respondent

Jeremy Alan Clark

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division, Bristol Mercantile Court)

Legal Issues

  1. 1 Whether the trustee exemption clause in the trust deed protected Mr Clark from liability for breach of duty to the beneficiary.
  2. 2 Whether Mr Clark owed a common law or equitable duty of care to the beneficiary beyond the terms of the trust.
  3. 3 Whether the Unfair Contract Terms Act 1977 applied to the trustee exemption clause.

Ratio Decidendi

The trustee exemption clause in the trust deed protected Mr Clark from liability as there was no allegation of bad faith, and the Unfair Contract Terms Act 1977 did not apply to such clauses. No additional common law or equitable duty of care was assumed beyond the trust terms.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed