12CFactors Court may take into account in action for breach of trust

12C Factors Court may take into account in action for breach of trust In proceedings against a trustee for breach of trust in respect of a duty under this Part relating to the trustee's power of investment, the Court may, when considering the question of the trustee's liability, take into account— (a) the nature and purpose of the trust; and (b) whether the trustee had regard to the matters set out in section 8 so far as is appropriate to the circumstances of the trust; and (c) whether the trust investments have been made pursuant to an investment strategy formulated in accordance with the duty of a trustee under this Part; and (d) the extent the trustee acted on the independent and impartial advice of a person competent (or apparently competent) to give the advice. S. 12D inserted by No. 104/1995 s. 4.