CPD Course:
The Duties and
Liabilities of Trustees
and Fiduciaries after
Zhang Hong Li & Ors v
DBS Bank (HK) Ltd & Ors
[2019] HKCFA 45

Presented by
Prof. Steven Gallagher,
Associate Professor of Practice in Law,
Associate Dean (Teaching & Learning),
The Faculty of Law,
The Chinese University of Hong Kong

Code:	EVT000000313	Level:	Intermediate

Date:	18 September 2020 (Friday)	Language:	English

Time:	14:30 - 17:45 (Reception starts at 14:00)	Accreditation(s):	LSHK 3.0 CPD Points

Venue:	Online via Zoom	Request for Rerun:	Please Contact Us for Details

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Presenter's Profile:

Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches equity and trusts, property law, and digital technology and law. Steven also teaches a course on art, antiquities, cultural heritage and the law. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with property. Steven’s research interests include equity and the law of trusts, art and cultural heritage law and legal history. He is not a technologist. In 2023 Steven published the first treatise dealing formally and systematically with all the major aspects of, and entitled, Digital Technology and Law.

Course Outline:
This three-hour seminar will consider the nature of trusteeship and the fiduciary obligations of trustees and fiduciaries. The seminar will consider the traditional duties and possible liabilities of trustees and fiduciaries. The traditional categories of fiduciary relationship and obligation will be discussed and developments in judicial identification of fiduciary relationships - *Libertarian Investments Ltd v Hall* (2013) 16 HKCFAR 681. The remedies available for breach of trust and breach of fiduciary obligations will be considered including recent guidance on the remedies of account and the award of equitable compensation. The seminar will then consider the changes, if any affected by the decision of the Court of Final Appeal in *Zhang Hong Li && Ors v DBS Bank (HK) Ltd & Ors* [2019] HKCFA 45. The seminar will conclude with discussion of defences that may be available to claims for liability for breach of trust and breach of fiduciary duty.
Topics considered include:
The fiduciary duties *Libertarian Investments Ltd v Hall* (2013) 16 HKCFAR 681 Breach of fiduciary duty The duties of a trustee Breach of trust Remedies for breach of fiduciary duty and breach of trust The remedies of account and equitable compensation Defences that may be available to claims for liability for breach of trust and breach of fiduciary duty *Zhang Hong Li & Ors v DBS Bank (HK) Ltd & Ors* [2019] HKCFA 45