The attached may be of interest - consultation by the Scottish Law Commission on the challengeability of trustees' decisions made under discretionary powers.  The issue arises in the aftermath of the English case law (Futter v Futter) which overturns the rule in Hastings Bass.  That rule is not part of Scots law, and the SLC does not propose to follow English law, but the paper includes comparative discussion of the rule / its reform, so may be of wider interest.

 

If the URL link does not work, the paper can be found on the SLC website:

 

 

Ross Macdonald  (University of Dundee) 

 

 

 

 

************************************************************