Bartlett v Barclays Bank Trust Company Ltd (Nos. 1 and 2)

JurisdictionEngland & Wales
Date1980
CourtChancery Division
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192 cases
  • Mander v Evans
    • United Kingdom
    • Chancery Division
    • 15 May 2001
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  • Brown v K.M.R Services Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 July 1995
    ...with his case that given the warning he would have acted differently. A similar approach was adopted in Bartlett v Barclays Trust CoELR ((1980) Ch 515, 538) where breaches of trust had resulted in losses on one property transaction and profit on another. The trustee was allowed to set off t......
  • Appleby Corporate Services (BVI) Ltd v CITCO Trustees (BVI) Ltd [Eastern Caribbean Supreme Court]
    • British Virgin Islands
    • High Court (British Virgin Islands)
    • 20 January 2014
    ...the value of the trust fund — whether trustee under a duty to review performance of managers —Bartlett v Barclays Bank Trust Co Ltd [1980] 1 Ch 5151 considered and applied — whether trustee exonerated by Trustee Act section 31(1) — meaning of ‘willful default’—In re Vickery [1931] 1 Ch 5722......
  • Appleby Corporate Services (BVI) Ltd (as a Trustee of Clef Trust) Claimant v Citco Trustees (BVI) Ltd Defendant
    • British Virgin Islands
    • High Court (British Virgin Islands)
    • 20 January 2014
    ...company whose assets represent the value of the trust fund - whether trustee under a duty to review performance of managers - Bartlett v Barclays Bank Trust Co Ltd 1 considered and applied - whether trustee exonerated by Trustee Act section 31(1) - meaning of 'willful default' - In re Vicke......
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11 firm's commentaries
  • Offshore Case Digest
    • Cayman Islands
    • Mondaq Cayman Islands
    • 29 July 2014
    ...whom they have been delegated. Applying the well-established principle as set out in the case of Bartlett -v- Barclays Bank Trust Co Ltd [1980] 1 Ch 515, the Court held that a trustee should not (subject always to the provisions of the trust in question) take more risks with the trust prope......
  • Recent Developments In The Law Relating To Trustee Exoneration Clauses
    • United Kingdom
    • Mondaq United Kingdom
    • 3 November 2011
    ...& Trustees, Vol. 17, No, 2, March 2011, 124). 12 Bogg v Raper (1998/99) 1 ITLER 267. 13 Bartlett v Barclays Bank Trust Co Ltd [1980] 1 Ch 515. 14 Though, "it should be borne in mind that the trust instrument has been created by the settlor, not by the trustees acting as such. Accordingl......
  • Recent Trust Cases From The BVI Courts: Lessons For Trustees And Advisers
    • British Virgin Islands
    • Mondaq Virgin Islands
    • 1 April 2015
    ...Pursuant to s.93 of the Trustee Act 1961 (as amended) (the "Trustee Act"). After the case of Bartlett v Barclays Bank Trust Co Ltd. [1980] 1 Ch 515. On 17 May See Kessler, Pursall & Chand, Drafting British Virgin Islands Trusts (1st Edition, 2014) at para 5.28. Re Vickery [1931] 1 Ch. 5......
  • Rights Of A Discretionary Beneficiary And Liabilities Of The Trustee
    • Cayman Islands
    • Mondaq Cayman Islands
    • 8 June 2008
    ...Company has the highest duty of care to its beneficiaries in view of its professed expertise (Bartlett v Barclays Bank Trust Company Ltd [1980] Ch 515). He must act in good faith. He must act in accordance with the terms of the trust instrument, and he must not allow his discretion to be fe......
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8 books & journal articles
  • AN ACCOUNT OF ACCOUNTS
    • Singapore
    • Singapore Academy of Law Journal No. 2016, December 2016
    • 1 December 2016
    ...decd; Union Fidelity Trustee Co Ltd v Perpetual Trustee Co Ltd[1966] 2 NSWR 211; Bartlett v Barclays Bank Trust Co Ltd (Nos 1 and 2)[1980] Ch 515; Hill v Rose[1990] VR 125; O'Halloran v RT Thomas & Family Pty Ltd(1998) 45 NSWLR 262; Beach Petroleum NL v Kennedy(1999) 48 NSWLR 1. 111 See gen......
  • English fiduciary standards and trust law.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 32 No. 3, May 1999
    • 1 May 1999
    ...E.R. 726, 733 (Ch.). (3.) Re Waterman's Will Trusts, [1952] 2 All E.R. 1054, 1055 (Ch.). (4.) See Bartlett v. Barclays Bank Trust Co., [1980] Ch. 515, 525; Nestle v. National Westminster Bank, [1994] 1 All E.R. 118, 140 (5.) See, e.g., Cowan v. Scargill, [1985] Ch. 270, 289; Nestle, [1994] ......
  • Private law and public regulation for investor protection in the asset management industry: Aims and practices of transposing the UK model in China
    • United Kingdom
    • Maastricht Journal of European and Comparative Law No. 28-1, February 2021
    • 1 February 2021
    ...April 2018.149. Speight v. Gaunt (1833) UKHL 1; Re Waterman’s Will Trusts [1952] 2 All ER 1054; Barlett v. Barclay Bank Trust Ltd(No. 1) [1980] Ch. 515.150. Law Commission, Fiduciary Duties of Investment Intermediaries, Law Com No 350, June 2014.151. Chapter 2 of the COBS.152. FCA, A Duty o......
  • Remedies for Breach of Trust
    • United Kingdom
    • The Modern Law Review No. 78-4, July 2015
    • 1 July 2015
    ...and ‘traditional’trusts, see text to notes 41–54 below.31 Eg Nestlé n 17 above; Bartlett vBarclays Bank Trust Co Ltd (Nos 1 and 2) [1980] Ch 515.32 Notably Canson Enterprises Ltd vBoughton & Co (1991) 85 DLR (4th) 129 (Canson Enterprises).Paul S. Davies© 2015 The Author. The Modern Law Revi......
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