In a recent Guernsey case the key issue for the Court was the date on which the party bringing the claim had the requisite knowledge of the breaches of trust to start time running under the Guernsey trust law. The Court found that the required degree of knowledge was that which would have made it reasonable for the plaintiff to begin to investigate whether there had been a breach of trust. Such knowledge would include knowledge that loss had apparently been suffered and that there was a real possibility (as opposed to a mere suspicion or view that this was just one possibility) that such loss had been caused by the negligent acts or omissions of the trustees. It did not require knowledge of the "how" or the "why" of any relevant alleged acts or omissions by the trustees. See Broadhead v Spread Trustee Company Limited & Ors (Guernsey Judgement 46/2014).
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