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Level 7 Diploma in International Business Law

Trust Creditors and Asset Recovery

IBL702 · Commercial Trust Law — Week 10 of 16

CourseIBL702
Week10 of 16
SemesterI
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This week’s topics

Trust Creditors and Asset Recovery

  1. Commercial expectations and risks of trust counterparties
  2. Creditor subrogation to the trustee's right of indemnity
  3. Insolvencies of trustees and asset partitioning
  4. Priority contests between trust creditors and general personal creditors

What you will be able to do

  • 2.4 Critically analyse how trustees limit their liabilities.
  • 4.1 Analyse commercial expectations of a trust creditor.

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

  • Equity Trust (Jersey) Ltd v Halabi (Jersey); ITG Ltd and others v Fort Trustees Ltd (Guernsey) · YouTube · UKSupremeCourt · 114 min · for registered students
  • Investec Trust (Guernsey) Limited and others v Glenalla Properties Limited and others (Guernsey) · YouTube · UKSupremeCourt · 112 min · for registered students

Further resources

  • Insolvency Act 1986 · Reading · legislation.gov.uk, legislation · for registered students
  • Trustee Act 1925 · Reading · legislation.gov.uk, legislation · for registered students
  • Trustee Act 2000 · 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.
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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.

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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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