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The Privy Council has delivered a landmark judgment clarifying the role of fiduciary protectors in trust structures, determining that protectors with consent powers have broad discretionary authority rather than a narrow oversight function. This decision has profound implications for trust administration, potentially requiring protectors to undertake the same rigorous decision-making process as trustees themselves, raising questions about cost, practicality, and the risk of deadlock in trust governance.

The current prevailing opinion is that arbitration is not readily available as a tool in trusts disputes under the law of England and Wales.