Bartlett Duty and 'Anti-Bartlett' Clauses: Resolving Controversies

Abstract

Reviews the Hong Kong Court of Final Appeal decision in Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKEC 3791; [2019] HKCFA 45 on whether, despite clauses absolving trustees from the duty derived from Bartlett v Barclays Bank Trust Co Ltd [1980] Ch 515; [1980] All ER 139, trustees remained under a duty to supervise the affairs of a trust-owned company, particularly the investment decisions of its investment advisor. Considers assessment of equitable compensation for breach of a Bartlett duty.

Keywords: Trust Law, Trust-Owned Corporations, Trustees’ Duty, Bartlett Duty, Anti-Bartlett Clauses