The limitation period imposed by The Trusts (Guernsey) Law 2007 (the "Trusts Law"), relies solely upon the date the claimant became aware of the breach as the date time begins to run in this case three years (Section 76(2)).

The Court of Appeals of Maryland recently released its opinion in William H. Plank, II, et al. v. James P. Cherneski, et al.,―A.3d―(2020) unequivocally holding that "[t]his Court recognizes an independent cause of action for breach of fiduciary duty."

It is rare that directors foreshadow claims against them, and often claims arise with little if any warning, from what directors may consider to have been historic transactional decision-making.