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Created by Chief Lawiki on 19 October 2009, at 04:22
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This case (Re Brond Bond and Co Ltd's trust deed [1963] Ch 357) demonstrates the inflexibility of the rule that trustees under a Trust have a Fiduciary responsibility to the beneficiaries, even when the trustees have no flexibility in decision making. The Brook Bond Company sought a ruling from the High Court on whether it could take out a policy of insurance with the insurance firm that it had appointed custodian trustee of its pension fund. The insurance firm had no flexibility in the execution of the trust, and no conflict of interest was likely to arise. However, Cross J ruled that the rule against a trustee putting himself into position where his duty to the beneficiaries and his self-interest could possible conflict was an absolute one.
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