Trustee Act 1898

If a trustee has been charged with a breach of trust in respect of a duty under this Part relating to the trustee's power of investment, the court, when considering the question of the trustee's liability, may take into account –

the nature and purpose of the trust; and 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 whether the trust investments have been made under an investment strategy formulated in accordance with the duty of a trustee under this Part; and the extent to which the trustee acted on the independent and impartial advice of a person competent, or apparently competent, to give the advice.