Fishing For Clarity-Has Guernsey Hauled Over Hastings-Bass?

Hastings-Bass jurisdiction allows the Court to set aside an exercise of a power by trustees in certain circumstances. As Guernsey is a jurisdiction separate from that of the UK, it is not bound by the decisions of the UK Courts and sometimes departs from those decisions where deemed appropriate. In this instance, Guernsey has adapted the approach in Pitt v Holt slightly to fit Guernsey. It appears any breach of duty could be capable of invoking the jurisdiction, though needs to be sufficiently serious and have some direct bearing on the act or transaction sought to be set aside.