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Part IV Remedies, 9 Judicial Review of Trustee Decision-Making

From: The Supervisory Jurisdiction Over Trust Administration (1st Edition)

Daniel Clarry

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 May 2024

Performance of contract

This chapter looks at how judicial review of trustee decision-making also tests the scope of the supervisory jurisdiction over trust administration and, in turn, the principles that define, and unify, that jurisdiction as distinct from remedial powers that the Court exercises in relation to trusts. The chapter analyses whether the judicial review of trustee decision-making is properly regarded as an aspect of the supervisory jurisdiction over trust administration. This analysis highlights the central principles that guide judicial review of trustee decision-making, which are heavily influenced by procedural mechanisms to enliven that jurisdiction, especially whether a breach of trust (or ‘fiduciary duty’) is essential to justify intervention.

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