Trustees: how exclusive are you?

There has been an important recent development for trusteesin relation to the general position on clauses which seek toexclude or restrict a trustee's liability for failure to carryout properly their duties imposed by the trust instrument orlaw¹. Such clauses, known as Trustee Exemption Clauses, canbe a complete defence, or at least a deterrent to claims inthe increasingly litigious environment in which trustees operate.This article examines the Law Commission's recommendations onexemption clauses applicable in England and Wales.     

Spin Control and Freedom of Information: Lessons for the United Kingdom from Canada

The United Kingdom's new Freedom of Information Act (FOIA) is intended to empower citizens by granting a right to government documents. However, the law will be implemented by a government that has developed highly centralized structures for controlling the communications activity of its departments. How will the revolutionary potential of the FOIA be squared with government's concern for ‘message discipline’? Experience in implementing Canada's Access to Information Act may provide an answer. The Canadian law was intended to constrain executive authority, but officials developed internal routines and technologies to minimize its disruptive potential. These practices restrict the right to information for certain types of stakeholders, such as journalists or representatives of political parties. The conflict between public expectations of transparency and elite concerns about governability may not be adequately accounted for during implementation of the UK Freedom of Information Act.