Bartlett Duty and 'Anti-Bartlett' Clauses: Resolving Controversies

(2021) 137 Law Quarterly Review 50

4 Pages Posted: 4 Aug 2020 Last revised: 3 Dec 2020

Date Written: July 7, 2020

Abstract

Reviews the Hong Kong Court of Final Appeal decision in Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKEC 3791; [2019] HKCFA 45 on whether, despite clauses absolving trustees from the duty derived from Bartlett v Barclays Bank Trust Co Ltd [1980] Ch 515; [1980] All ER 139, trustees remained under a duty to supervise the affairs of a trust-owned company, particularly the investment decisions of its investment advisor. Considers assessment of equitable compensation for breach of a Bartlett duty.

Keywords: Trust Law, Trust-Owned Corporations, Trustees’ Duty, Bartlett Duty, Anti-Bartlett Clauses

Suggested Citation

Sin, Ivan, Bartlett Duty and 'Anti-Bartlett' Clauses: Resolving Controversies (July 7, 2020). (2021) 137 Law Quarterly Review 50, Available at SSRN: https://ssrn.com/abstract=3645365

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