James MacDougald, ‘Unto the breach: challenging a trustee’s decisions after Dawson-Damer v Grampian’

ABSTRACT
The litigation between Ashley Dawson-Damer and her Bahamian trustee, Grampian Trust Company Ltd, has been running for more than a decade. The principal claim in the Bahamian courts, which was the subject of an appeal ruling by the UK Privy Council in June 2025, was a rare example of the so-called rule in Re Hastings-Bass (as reformulated in Pitt v Holt [2013] 2 AC 108) being used to found a hostile claim against a trustee. In this article, the author summarises the case and discusses its implications for trust advisers.

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James MacDougald, Unto the breach: challenging a trustee’s decisions after Dawson-Damer v Grampian, Trusts & Trustees. Published: 28 October 2025.

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