... happen. Even though it is true that trustees have wide powers of investment, recent case law demonstrates that beneficiaries still have the need to claim under this ground of breach3. Proposal one also raises the issue as to what the new proposed standard of care actually is, as the wording itself is less than clear. The phrase "taking all reasonable steps and making all reasonable enquires" is ambiguous at best, without some kind of explanation as to what the definition of "reasonable" is. The term is to some extent subjective, as what may be reasonable to one person may not be reasonable to another. This will cause confusion in applying the law and greater discretion will ultimately be given to the courts. It is proposed that there are still grounds for maintaining the fact/law distinction in relation to deciding whether strict liability ought to be imposed. An example of an error ...

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