“…each committed with reckless indifference as to whether it was a breach or not, relying upon Re Vickery [1931] 1 Ch 572 at 583 (Maugham J) and Armitage v Nurse [1998] Ch 241 at 252F (Millett LJ). Counsel for the Defendant disputed this. In my view it does not matter for present purposes who is right about this.…”
“…The issue was subsequently considered in the Court of Appeal by Millett LJ (with whom Hutchinson and Hirst LJJ agreed) in Armitage v Nurse & Ors [1998] Ch 241. That was a case which was primarily concerned with the application and effect of a trustee exoneration clause. The judge had held that the trustees were entit…”