“… to amount to a breach of trust.” He appears to have assumed, therefore, that the Letter of Wishes, which by its very nature is unenforceable, (see Pitt v Holt [2013] UKSC 26 per Lord Walker at [66]) would be complied with in every respect, whatever the circumstances. He also appears to have relied incorrectly upon his conclusion th…”
“… themselves, before making a decision, of matters which are relevant to the decision”. As, however, Lord Walker (as he had by then become) noted in Pitt v Holt [2013] UKSC 26, [2013] 2 AC 108 (at paragraph 73), it is not enough to justify judicial intervention to show that “the trustees’ deliberations have fallen short of the highes…”