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
Reviews the Hong Kong Court of Final Appeal decision in Zhang Hong Li v DBS Bank (Hong Kong) Ltd  HKEC 3791;  HKCFA 45 on whether, despite clauses absolving trustees from the duty derived from Bartlett v Barclays Bank Trust Co Ltd  Ch 515;  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: Suggested Citation