Section 128 — Trusts Act 2019: Court may take into account investment strategy in action for breach of trust

128 Court may take into account investment strategy in action for breach of trust In considering whether a trustee is liable, in respect of any investment made by that trustee, for any breach of trust in respect of any duty under section 30 (to invest prudently to the applicable standard), the court may take into account— (a) whether the trust investments have been diversified, so far as is appropriate to the circumstances of the trust; and (b) whether the investment was made in accordance with any investment strategy. Compare: 1956 No 61 s 13M