Midland Bank Trust v Fps [1995] JLR 352 (21 December 1995)

Midland Bank Trust v Fps [1995] JLR 352 (21 December 1995)

Exclusion clauses in trust deeds must be restrictively construed, especially for professional trustees, and any ambiguity is resolved against the trustee.

Citation
[1995] JLR 352
Parties
Applicant: Midland Bank Trust; Respondent: Fps
Jurisdiction
Jersey
Judgment Date
21 December 1995
Procedural Posture
Trust Dispute / Judgment
Outcome
Exclusion clause restrictively construed against trustee
Legal Topics
Liabilities of Trustees, Exclusion of Trustee's Liability, Construction of Exclusion Clauses
Trusts Liabilities of Trustees Exclusion of Trustee's Liability Construction of Exclusion Clauses

Case Brief

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Parties

Midland Bank Trust

Applicant

Fps

Respondent

Procedural Posture

Trust Dispute / Judgment

Legal Issues

  1. 1 Whether trustee's liability can be excluded by clause
  2. 2 How exclusion clauses should be construed for professional trustees

Ratio Decidendi

Exclusion clauses in trust deeds must be restrictively construed, especially for professional trustees, and any ambiguity is resolved against the trustee.

Court Disposition

Exclusion clause restrictively construed against trustee