Court of Appeal holds that sale of loan assets from insolvent trusts was void as an improper exercise of a fiduciary power (FS Capital Ltd v Adams)
Private client analysis: The Court of Appeal held that the sale of loan assets from three insolvent Jersey trusts was void due to the improper exercise of a fiduciary power by the trustees. The judgment emphasises the importance of evidencing specific aspects of transactions to prove a bona fide purchaser defence and supports the view that the improper exercise of a fiduciary power is void in English law. It clarifies that the liability of a retiring trustee for their successor's breaches is based on the retiring trustee’s contemplation of its successor’s breach, and not the reason for the retirement This decision has significant implications for trustee duties, improper transactions, and third-party liability, affecting both Jersey and potentially English law trusts. Practical implications written by James Fennemore of XXIV Old Buildings.