Critically analyse the role of fiduciary relationship in the context of financial transactions and in particular the duties, obligations and potential liability of a commercial trustee.

Description While the responsibilities of a commercial trustee may be usually more narrowly defined in the contractual documentation than those of an ordinary trustee, on the other hand there is an irreducible core of obligations owed by the trustees to the beneficiaries and enforceable by them which is fundamental to the concept of a trust. […]

With reference to case law, explain the various problems that beneficiaries face when challenging a trustee’s investment decisions.

Notwithstanding the provisions of sections 1, 4 and 5 of the Trustee Act 2000, it is still difficult for beneficiaries to establish that the trustees are liable for breach of trust through improper investment decisions. With reference to case law, explain the various problems that beneficiaries face when challenging a trustee’s investment decisions.

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