Unto the breach: challenging a trustee’s decisions after <i>Dawson-Damer v Grampian</i>

Abstract The litigation between Ashley Dawson-Damer and her Bahamian trustee, Grampian Trust Company Ltd, has been running for more than a decade. The principal claim in the Bahamian courts, which was the subject of an appeal ruling by the UK Privy Council in June 2025, was a rare example of the so-called rule in Re Hastings-Bass (as reformulated in Pitt v Holt [2013] 2 AC 108) being used to found a hostile claim against a trustee. In this article, the author summarises the case and discusses its implications for trust advisers.

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Publication Details

Journal
Trusts & Trustees
Published
2025-10-07
DOI
https://doi.org/10.1093/tandt/ttaf082
Primary Topic
Legal principles and applications
Type
article
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article

Unto the breach: challenging a trustee’s decisions after Dawson-Damer v Grampian

James MacDougald
Trusts & Trustees
Legal principles and applications
article

Unto the breach: challenging a trustee’s decisions after Dawson-Damer v Grampian

James MacDougald
article en

Abstract

Abstract The litigation between Ashley Dawson-Damer and her Bahamian trustee, Grampian Trust Company Ltd, has been running for more than a decade. The principal claim in the Bahamian courts, which was the subject of an appeal ruling by the UK Privy Council in June 2025, was a rare example of the so-called rule in Re Hastings-Bass (as reformulated in Pitt v Holt [2013] 2 AC 108) being used to found a hostile claim against a trustee. In this article, the author summarises the case and discusses its implications for trust advisers.

Trusts & TrusteesVol. 32(1)
Openalex Percentile: Top 53%
Legal principles and applications
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Unto the breach: challenging a trustee’s decisions after <i>Dawson-Damer v Grampian</i> — James MacDougald · Trusts & Trustees (2025) | TGRS Research Map | TGRS