From Gladwell’s Blink (2005) and Taleb’s The Black Swan (2007) to the Thinking, Fast and Slow (2011) of Daniel Kahneman, the perils and pitfalls of human decision making have come under increasing focus in recent years both in popular and academic circles. How does the modern law of trustee decision making address this problem? The seminar will serve as an overview and update on the law of trustee decision making, both as a matter of general principle and as it has played out before the courts in recent cases. In particular, the seminar will consider the principal duties imposed on trustees, address certain common misconceptions about trustee decision making, explain the problems with the current state of the law, and provide practical guidance to trustees on decision-making good practice.
About the Speaker:
Andrew Lynn is a barrister at Gilt Chambers, Hong Kong. His contentious practice covers a wide range of commercial and chancery litigation, encompassing commercial, trusts, pensions, company, and private international law, often with a cross-border or international element. Andrew was counsel at trial and for the successful appellant on appeal to both the Court of Appeal and Court of Final Appeal in the case of Kan Lai Kwan v Poon Lok To Otto and HSBC International Trustee Limited, which established the treatment of trusts in divorce in Hong Kong, and has acted as counsel in numerous other matters before all levels of court. He has published in Trusts & Trustees and Trust Quarterly Review, and in partnership with LexisNexis Hong Kong has authored the “trusts disputes” series of practice notes for their Practical Guidance series. Before coming to the Bar, Andrew obtained a doctorate from Cambridge University in the field of Renaissance literature, and after that taught courses in Western civilization for several years at one of Beijing’s top universities. He is a full member of the Society of Trust and Estate Practitioners (TEP), a Fellow of the Chartered Institute of Arbitrators (FCIArb), and a member of the Hong Kong Bar Association Committee on Land, Trust and Probate (ComLTP).
The Law Society of Hong Kong has awarded this seminar 1 Continuing Professional Development (CPD) point.