ABSTRACT

This chapter considers the liabilities of the trustees of a trust for any breach of trust. That breach of trust may arise under the terms of the trust instrument specifically or under the law of trusts generally. The law of trusts offers litigants a uniquely broad range of remedies, which is part of the reason why some commercial people choose to use English trusts to organise their property management because they have so many remedies available to them. Specific restitution is a proprietary obligation on the trustee to recover the original trust assets which were lost to the trust as a result of the breach of trust. Equitable compensation is available to compensate any consequent loss in the wake of the breach of trust over and above the first two remedies for recovery of the original property or the reconstitution of the value of the fund.