Part 1Trusts
Chapter 4Contractual rights, damages and the validity of certain transactions and documents
Damages
I142Trustees’ liability in relation to certain obligations
1
This section applies where a body of trustees incurs liability in respect of an obligation under—
a
environmental law, or
b
the law relating to an occupier’s ownership or control of heritable property,
being liability incurred in the ordinary course of administering the trust.
2
Subject to subsection (3), any damages awarded in respect of that liability are recoverable from the trust property only.
3
In making any award in respect of that liability the court may, if satisfied that the liability was in any way attributable to a trustee’s failure to exercise such skill, care or diligence as is required of that trustee by section 31, determine that damages are recoverable, in whole or in part, from the trustee’s private property (to the extent of the trustee’s failure) and the balance (if any) from the trust property.
4
This section applies—
a
irrespective of when the trust was created, but
b
only as respects a liability incurred after the section comes into force.