Baker & Anor v J E Clark & Co (Transport) UK Ltd & Anor

Baker & Anor v J E Clark & Co (Transport) UK Ltd & Anor

The exemption clause in the trust deed protected Mr Clark from liability as trustee because there was no allegation of bad faith, no super-added common law or equitable duty of care was assumed, and the Unfair Contract Terms Act 1977 does not apply to trustee exemption clauses.

Parties
Appellant/claimant/personal Representative of Victor Arthur Baker (deceased): Derinda Baker; Appellant/claimant: Derinda Ann Baker; Respondent/defendant: J E Clark & Co (Transport) UK Limited; Respondent/defendant: Jeremy Alan Clark
Jurisdiction
England and Wales
Judgment Date
22 March 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Striking Out Claim Against Second Defendant
Outcome
Appeal dismissed
Legal Topics
Trustee Exemption Clauses, Duty of Care, Unfair Contract Terms Act 1977, Breach of Trust, Personal Representative Claims
Trust Law Contract Law Tort Law Trustee Exemption Clauses Duty of Care Unfair Contract Terms Act 1977 Breach of Trust Personal Representative Claims

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Parties

Derinda Baker

Appellant/claimant/personal Representative of Victor Arthur Baker (deceased)

Derinda Ann Baker

Appellant/claimant

J E Clark & Co (Transport) UK Limited

Respondent/defendant

Jeremy Alan Clark

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Striking Out Claim Against Second Defendant

Legal Issues

  1. 1 Whether the trustee exemption clause 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
  3. 3 Whether the Unfair Contract Terms Act 1977 applied to the trustee exemption clause

Ratio Decidendi

The exemption clause in the trust deed protected Mr Clark from liability as trustee because there was no allegation of bad faith, no super-added common law or equitable duty of care was assumed, and the Unfair Contract Terms Act 1977 does not apply to trustee exemption clauses.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed