Ashley Dawson-Damer v Grampian Trust Company Ltd and another (The Bahamas)

Ashley Dawson-Damer v Grampian Trust Company Ltd and another (The Bahamas)

The Board held that the lower courts correctly found, applying the proper test for corporate attribution, that the wishes and intentions of Spey as settlor were for the Glenfinnan Settlement to benefit future generations. Although Grampian breached its fiduciary duty by failing to obtain up-to-date information about Ashley's circumstances, this breach was not causative: even with proper deliberation, the appointments would or might not have been different, given the settlor's intentions and Ashley's financial position. Therefore, the appointments should not be set aside.

Parties
Appellant: Ashley Dawson-Damer; First Respondent: Grampian Trust Company Ltd; Second Respondent: Lyndhurst Ltd
Jurisdiction
England and Wales
Judgment Date
07 July 2025
Procedural Posture
Civil Appeal (trusts) / Final Appellate Judgment (privy Council)
Outcome
Appeal dismissed
Legal Topics
Discretionary Trusts, Trustee Duties, Corporate Attribution, Breach of Fiduciary Duty, Inadequate Deliberation, Setting Aside Appointments
Trust Law Equity Corporate Law Discretionary Trusts Trustee Duties Corporate Attribution Breach of Fiduciary Duty Inadequate Deliberation +1 more

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Parties

Ashley Dawson-Damer

Appellant

Grampian Trust Company Ltd

First Respondent

Lyndhurst Ltd

Second Respondent

Procedural Posture

Civil Appeal (trusts) / Final Appellate Judgment (privy Council)

Legal Issues

  1. 1 Whether the trustee's appointments from the Glenfinnan Settlement were an improper exercise of discretion due to inadequate deliberation and/or failure to consider relevant factors, specifically the wishes and intentions of the settlor (Spey) and the interests of the appellant Ashley Dawson-Damer.
  2. 2 Whether the lower courts applied the correct legal test for corporate attribution in determining Spey's wishes and intentions as settlor.
  3. 3 Whether the trustee's failure to obtain up-to-date information about Ashley's circumstances amounted to a breach of fiduciary duty warranting the setting aside of the 2006 and 2009 appointments.

Ratio Decidendi

The Board held that the lower courts correctly found, applying the proper test for corporate attribution, that the wishes and intentions of Spey as settlor were for the Glenfinnan Settlement to benefit future generations. Although Grampian breached its fiduciary duty by failing to obtain up-to-date information about Ashley's circumstances, this breach was not causative: even with proper deliberation, the appointments would or might not have been different, given the settlor's intentions and Ashley's financial position. Therefore, the appointments should not be set aside.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the 2006 and 2009 appointments from the Glenfinnan Settlement are valid and not set aside.