The trust is one of the greatest creations of English law and trust business is a very important part of the UK's professional service industry. Trust law is a multi-faceted industry dealing with varied subject matter in charitable, pensions, commercial and family contexts. I believe that it is vital that the UK trust industry continues to innovate, and that it retains the flexibility that so often provides it with a competitive advantage. These were the encouraging words of the Lord Chancellor, Lord Falconer, at the launch of the report by the Law Commission (LC) on Trustee Exemption Clauses (TECs) in July. When the Bill which became the Trustee Act 2000 was being debated in Parliament, Lord Goodhart expressed concern that it did nothing to restrict the use of TECs in trust instruments. In response, Lord Irvine (then Lord Chancellor) referred the matter to the LC for consideration. The LC's 124...