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Level 7 Diploma in International Business Law

Trustee Liability and Risk Mitigation

IBL702 · Commercial Trust Law — Week 9 of 16

CourseIBL702
Week9 of 16
SemesterI
TutorOnline in the course chat

This week’s topics

Trustee Liability and Risk Mitigation

  1. Scope of trustee personal liability to third parties
  2. Drafting and enforceability of exclusion clauses under Armitage v Nurse
  3. Trustee statutory right of indemnity and equitable lien
  4. Non-recourse and limited-recourse covenants
  5. BNY Mellon Corporate Trustee Services Limited v LBG Capital No. 1 Plc and another

What you will be able to do

  • 2.4 Critically analyse how trustees limit their liabilities.
  • 3.2 Compare and contrast the rights and duties imposed upon a trustee of a commercial trust or family trust.

Activity

Start with this week’s video, then: Seminar, guided reading and a short written task: critically analyse how trustees limit their liabilities.

Study materials

Videos

  • BNY Mellon Corporate Trustee Services Limited v LBG Capital No. 1 Plc and another · YouTube · UKSupremeCourt · 8 min · for registered students

Further resources

  • Trustee Act 1925 · Reading · legislation.gov.uk, legislation · for registered students
  • Trustee Act 2000 · Reading · legislation.gov.uk, legislation · for registered students
  • Unfair Contract Terms Act 1977 · Reading · legislation.gov.uk, legislation · for registered students
Materials marked “for registered students” open in the student portal, which is set up as soon as you receive final acceptance.
MidtermWeek 10
Course chat

Admitted students ask questions on this week’s page in the student portal: an AI assistant trained on the course answers first, and during the course’s timetabled classes Connect to your tutor brings your tutor into the chat, who may start a call if needed.

Open this week in the portal
Course plan
  • Week 1: Foundations and Functions of Commercial Trusts
  • Week 2: Creation and Mechanics of Express Commercial Trusts
  • Week 3: Equitable Rights and Obligations of Parties
  • Week 4: The Interplay of Contract, Equity, and Trust Law
  • Week 5: Conceptual Separation of Trust Law from Contract Law
  • Week 6: Comparative Trustee Powers: Commercial versus Family Settin…
  • Week 7: Fiduciary Duties and Governance Across Trust Frameworks
  • Midterm: Midterm evaluation
  • Week 9: Trustee Liability and Risk Mitigation
  • Week 10: Trust Creditors and Asset Recovery
  • Week 11: Cross-Border and Comparative Creditor Protection
  • Week 12: Applying Commercial Trust Law in practice: case studies
  • Week 13: Assignment workshop: research, planning and referencing
  • Week 14: Assignment workshop: drafting, feedback and improvement
  • Week 15: Review and coursework completion
  • Final: Final assessment and submission
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