Would you? Might you?

Presented by Paul Hardwick (Macfarlanes), Alasdair Davidson (Bedell Cristin) and Donna Shorto (Trident Trust)

📅 MONDAY 26 JANUARY 2026

🕛 12 - 1PM

📍 COLBORNE ROOM, OGH

💡 WOULD YOU? MIGHT YOU?

As part of the long-running litigation in Dawson-Damer, the Privy Council has decided that a trustee's decision that fails to take into account relevant information will only be overturned if the trustee would or might have made a different decision if it had considered that information. This is the case even if the trustee acted in breach of trust by failing to take that information into account.

What does this mean for trustees? Can they breathe a huge sigh of collective relief that even if they act in breach of trust they might be off the hook? Probably not so fast – if all a disgruntled beneficiary needs to prove is that the trustee might have made a different decision if it had considered the relevant information, this may prove to be a low threshold.

In this session, Paul Hardwick (Macfarlanes), Alasdair Davidson (Bedell Cristin) and Donna Shorto (Trident Trust) will consider best practice for trustee decision making. They will discuss:

• The Context to the Privy Council’s decision, including the facts of the case.
• When a trustee will be acting in breach of trust for failing to consider relevant information when making a decision – how does a court decide what's relevant?
• What does the court mean by "might" have made a different decision?
• Best practice steps for trustees to take to ensure they have the relevant information they need before they make any decisions.

Should you wish to raise any questions in advance, please email stepguernsey@step.org so that we may collate and pass over to Paul, Alasdair and Donna, if appropriate.

A polite reminder that if you are hard of hearing please sit in the front five rows for the best auditory experience.

The lecture will start 12pm sharp and last for approximately 50 minutes with 10 minutes for questions.

FAQs

How can I contact the organiser with any questions?

For booking enquiries or queries, please email stepguernsey@step.org.

What's the refund policy?

Tickets are transferable to another STEP member or colleague on the day but they are non-refundable unless 48 hours notice is given.

Do I have to bring my printed ticket to the event?

No, we are able to take names at registration so you don't have to bring your ticket.

Is it OK if the name on my ticket or registration doesn't match the person who attends?

Yes, tickets are transferable to a colleague if you find yourself unable to attend.