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Lloyd's Maritime and Commercial Law Quarterly

STATUS CHECK: TRUSTEE LIABILITY TO THIRD PARTIES IN THE CONFLICT OF LAWS

Andrew Dickinson*

Investec Trust v Glenalla Properties
The Privy Council’s decision in Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd 1 is no advertisement for the common law. It serves to demonstrate how legal rules can apparate and take a foothold in the law without any satisfactory foundation. It also illustrates the crude nature of the tools with which judges are equipped to resolve questions of characterisation in cross-border cases. Finally, the decision highlights the curious position of the Privy Council in the United Kingdom’s constitutional structure, and leaves the law in an uncertain and unsatisfactory state.


Case and comment

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