Insights / News
Insights / News
Events, Personal Injury 25 Jan, 2023
Three recent cases in three different jurisdictions have considered a hitherto unexplored question in the law of trusts – what is the scope of a protector’s power of consent?
The three cases were PTNZ v AS & Ors  EWHC 3114 (Ch) in the English High Court, In the matter of the X Trusts  SC (Bda) 72 Civ in the Supreme Court of Bermuda, and In the matter of the Piedmont Trust and Riviera Trust, Jasmine Trustees & Anor v M & Ors  JRC24 in the Royal Court of Jersey.
The different conclusions create uncertainty as to what approach a protector should adopt when invited to provide the necessary consent and increase the prospect and need for further consideration of the point, preferably at appellate level.
David E. Grant was invited to explore this issue in his article, The Protectors’ Power of Consent – An Evolving Concept in Issue 6 of ThoughtLeaders4 Private Client Magazine.
David is a chancery and commercial practitioner with specialist expertise in pensions, trusts, tax, wills and estates.
He is experienced in contentious and non-contentious issues, acting for beneficiaries, trustees, executors and advisors in a variety of disputes and matters. He has extensive advocacy experience in courts and tribunals up to the European Court of Justice.
To find out more about David, contact Matt Sale +44 (0)20 7427 4910 or Peter Foad +44 (0)20 7427 0807 for a confidential discussion.
Private Client & Trusts, Legal Blog & Publications, News 23 Feb, 2022
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