Cases on the power to relieve trustees for liability for breach of trust under section 61 of the Trustee Act 1925 are few and far between and anyway usually too fact-sensitive to be of much general use. The clarification of the general principle in recent solicitor’s liability cases, including the decision of the Court of Appeal in Santander UK v RA Legal [2014] EWCA Civ 183, is therefore to be welcomed as Shantanu Majumdar of Radcliffe Chambers explained in this paper which he originally presented to the Chancery Bar Association Cayman Conference 2014 earlier this month.

Please click here to download the notes.