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Dakis Hagen QC

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Dakis Hagen QC

Areas of Expertise

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Year of Silk: 2017
Year of Call: 2002
dhagen@serlecourt.co.uk

Overview

Dakis Hagen QC specialises in Chancery litigation with a strong emphasis on contentious trusts cases, usually of a complex and international nature. He took silk in February this year. As a junior, Chambers & Partners ranked him in Band 1 for Chancery: Commercial, Band 1 for Chancery: Traditional, Band 1 for Trusts and Band 1 for Offshore. The Legal 500 ranked him in Band 1 for Private Client: Trusts & Probate.  In 2014 he won Chancery Junior of the Year at the Chambers Bar Awards.    The international nature of Dakis’ practice has meant that he is instructed both by London solicitors and also directly from overseas (including from the USA, the Caribbean, Bermuda, Gibraltar and the Channel Islands).   Dakis also often appears as specialist Chancery counsel in matrimonial cases which involve corporate and trust structures (including, among many others, Tchenguiz v Imerman and Charman).  

Areas of Expertise and Cases



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Trusts and Probate

Z v Z & Codan Trust Company Limited [2016] EWHC 911 (Fam) – Dakis appeared for the successful party in the first stage of this split trial for additional financial relief following a divorce in Russia.  The claim is focused in part on a Bermuda trust structure holding valuable London property.    

Wooldridge v Wooldridge [2016] Fam. Law 451– among the largest Inheritance Act cases to come to trial in England.  Dakis represented a successful defendant unled. In a separate reported judgment ([2016] 3 Costs LO 531) his client was awarded costs on the indemnity basis.   

High Commissioner for Pakistan v National Westminster Bank & Ors [2015] EWHC 3052 (Ch).  Dakis appeared unled in a successful application to appoint an administrator over the estate of the 7th Nizam of Hyderabad in connection with wider proceedings concerning a dispute over a £35m fund frozen in London since 1948. 

Trustee L & Anr v Attorney General & Ors [2015] Bda LR 4 – Dakis appeared at the substantive hearing of this long running Beddoe application in Bermuda, the first to consider the proper stance of trustees of non-charitable purpose trusts faced with an adverse proprietary claim to the whole of their funds. 

Rothschild Trust Guernsey Limited v Novatrust Limited – Dakis advised Rothschild in a substantial trustee investment negligence case in the Royal Court of Jersey.  

Trilogy Management v YT litigation (eg [2013] JRC 016 (ongoing)).  Dakis advises unled a corporate trustee within this $0.5 billion charitable structure in litigation concerning the charity’s proposed restructuring.

AC v DC & Ors (2013) 15 I.T.E.L.R. 81 appeared, with tax and divorce silks, for the successful applicant in the largest reported set aside of a single disposition into trust by a Family Division judge (c. £54 million).  The case made law on the fiscal and legal consequences of avoidance of disposition orders.

Walker v Egerton-Vernon [2014] JRC 025 – Dakis represented a corporate defendant in this £127 million breach of trust dispute in Jersey.

Tchenguiz v Imerman [2013] EWHC 3627; [2012] EWHC 4277 Dakis appeared as Ms Tchenguiz’s chancery counsel in this high value contentious variation of trust claim in the Family Division (now settled).  Significant reported decisions relate to the interaction of the English proceedings with trust proceedings offshore, including the joinder of non-party beneficiaries to the English claims and their duty to disclose documents obtained in private overseas proceedings.

Re the F Trust [2012] JRC 201. Dakis advised (unled) the claimant beneficiary in proceedings against an offshore corporate trustee for breach of trust and maladministration, the compromise of which appears in the cited judgment. The claims resulted, albeit without admission, in “the payment of a substantial sum of money … in to the trust fund” by the trustee.

Re BB’s Representation (2011) 15 ITELR 51 Dakis advised a corporate trustee in this important decision on trustees de son tort, ratification and rectification.

Deery v Continental Trust Company Limited & Anr [2010] JRC 001. Rejection of an attempt by a party in English proceedings to obtain, through letters of request, documentation filed offshore in a trustee directions application. Dakis advised (unled) the successful respondent.

Cawdron v Merchant Taylors School [2010] WTLR 775. Chancery Division proceedings concerning the nature of charitable trusts established in World War I so as to enable the trustees safely to dispose of valuable land. Dakis appeared for the applicant trustees, led by Philip Jones QC.

C Trust Company Ltd v Temple & Ors [2010] WTLR 417. Dakis advised (unled) a corporate trustee in proceedings connected with a request by the new partner of a husband in divorce proceedings that assets be ring-fenced for her and her children by him.

Chvetsov v BNP Paribas Trust Corporation Jersey Ltd & Anr [2009] JLR 217. Strike out of breach of trust and other claims brought by a beneficiary against a corporate trustee's nominee company. Dakis advised (unled) the successful applicant in proceedings in the Royal Court of Jersey and related appeals.

Charman v Charman [2007] 1 FLR 1246. Appeared in the Court of Appeal (led by Alan Boyle QC) in relation to the treatment by the Family Division of a substantial Bermuda trust.

Re Internine Trust; Alhamrani v Alhamrani (eg [2007] JRC026). Advised a corporate trustee (as part of a team led by Douglas Close) in major international trust litigation in Jersey.

Mackinnon v The Regent Trust Company & Ors [2005] WTLR 1367. Advised the corporate trustee (led by Douglas Close) in successfully striking out a beneficiary's sham-like claims.


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Civil Fraud

UL v BK [2013] EWHC 1735 - key case on freezing injunction principles and without notice applications.

CR v MZ & Ors [2013] EWHC 295 sham trust/forgery case relating to the ownership of a substantial London property and its holding company.  Dakis appeared for the successful applicant, unled for the second part of the trial. The applicant won with indemnity costs.

Bagus Investments Limited v Kastening [2012] W.T.L.R. 1675. Rejection of an attempt to introduce into asset tracing proceedings, arising from a criminal fraud, a claim in knowing receipt (rejected on grounds of limitation and a failure properly to plead the relevant cause of action). Dakis advised (unled) the successful respondent.

New Media Holding Company LLC v Capita Fiduciary Group Limited [2010] JRC 117. Rejection of an attempt by a media company embroiled in New York fraud proceedings to obtain wide-ranging Norwich Pharmacal disclosure against an offshore fiduciary services provider. Dakis advised (unled) the successful respondent.

Orconsult Limited v Blickle & Ors [2008] Bda LR 41. Decision regarding the costs of disclosing information to claimants in the context of multi-jurisdictional fraud claims against a third party. Dakis advised a corporate trustee as part of a team led by Alan Boyle QC in relation to proceedings in the Supreme Court of Bermuda.


All Quotes

"He is excellent.  He's enthusiastic, hard-working and a real star" Chambers & Partners 2016
"He takes real pride in his work and is intellectually superb" Chambers & Partners
"A barrister with star quality"  Chambers & Partners: UK Bar 100
"He has an intellect that far exceeds his age and he is truly committed to the work that he is involved in"  Chambers & Partners 2014
"seriously smart" Chambers & Partners 2013
"commands a level of gravitas that belies his year of call" Chambers & Partners 2013
A "highly organised thinker who possesses the necessary intellectual rigour to deal with complex trust and commercial matters" Chambers & Partners 2013

Recommendations

Chambers & Partners: UK Bar 100 2014
Offshore (Chambers and Partners 2018)
Chancery: Commercial (Chambers and Partners 2018) 
Chancery: Traditional (Chambers and Partners 2018)
Trusts (Chambers and Partners 2018)
Fraud: civil (Legal 500 2017)
Private client: trusts and probate (Legal 500 2017)
Professional negligence (Legal 500 2017)
Prominent barrister: Trusts (Citywealth Leaders' List 2013)
Future Stars of the Bar 2008, The Times (online)

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Dakis Hagen QC

Dakis Hagen QC

Year of Silk: 2017
Year of Call: 2002
Email: dhagen@serlecourt.co.uk

Overview

Dakis Hagen QC specialises in Chancery litigation with a strong emphasis on contentious trusts cases, usually of a complex and international nature. He took silk in February this year. As a junior, Chambers & Partners ranked him in Band 1 for Chancery: Commercial, Band 1 for Chancery: Traditional, Band 1 for Trusts and Band 1 for Offshore. The Legal 500 ranked him in Band 1 for Private Client: Trusts & Probate.  In 2014 he won Chancery Junior of the Year at the Chambers Bar Awards.    The international nature of Dakis’ practice has meant that he is instructed both by London solicitors and also directly from overseas (including from the USA, the Caribbean, Bermuda, Gibraltar and the Channel Islands).   Dakis also often appears as specialist Chancery counsel in matrimonial cases which involve corporate and trust structures (including, among many others, Tchenguiz v Imerman and Charman).  

Areas of expertise

Recommendations

Chambers & Partners: UK Bar 100 2014
Offshore (Chambers and Partners 2018)
Chancery: Commercial (Chambers and Partners 2018) 
Chancery: Traditional (Chambers and Partners 2018)
Trusts (Chambers and Partners 2018)
Fraud: civil (Legal 500 2017)
Private client: trusts and probate (Legal 500 2017)
Professional negligence (Legal 500 2017)
Prominent barrister: Trusts (Citywealth Leaders' List 2013)
Future Stars of the Bar 2008, The Times (online)

Quotes

"He is excellent.  He's enthusiastic, hard-working and a real star" Chambers & Partners 2016
"He takes real pride in his work and is intellectually superb" Chambers & Partners
"A barrister with star quality"  Chambers & Partners: UK Bar 100
"He has an intellect that far exceeds his age and he is truly committed to the work that he is involved in"  Chambers & Partners 2014
"seriously smart" Chambers & Partners 2013
"commands a level of gravitas that belies his year of call" Chambers & Partners 2013
A "highly organised thinker who possesses the necessary intellectual rigour to deal with complex trust and commercial matters" Chambers & Partners 2013

Trusts and Probate

Z v Z & Codan Trust Company Limited [2016] EWHC 911 (Fam) – Dakis appeared for the successful party in the first stage of this split trial for additional financial relief following a divorce in Russia.  The claim is focused in part on a Bermuda trust structure holding valuable London property.    

Wooldridge v Wooldridge [2016] Fam. Law 451– among the largest Inheritance Act cases to come to trial in England.  Dakis represented a successful defendant unled. In a separate reported judgment ([2016] 3 Costs LO 531) his client was awarded costs on the indemnity basis.   

High Commissioner for Pakistan v National Westminster Bank & Ors [2015] EWHC 3052 (Ch).  Dakis appeared unled in a successful application to appoint an administrator over the estate of the 7th Nizam of Hyderabad in connection with wider proceedings concerning a dispute over a £35m fund frozen in London since 1948. 

Trustee L & Anr v Attorney General & Ors [2015] Bda LR 4 – Dakis appeared at the substantive hearing of this long running Beddoe application in Bermuda, the first to consider the proper stance of trustees of non-charitable purpose trusts faced with an adverse proprietary claim to the whole of their funds. 

Rothschild Trust Guernsey Limited v Novatrust Limited – Dakis advised Rothschild in a substantial trustee investment negligence case in the Royal Court of Jersey.  

Trilogy Management v YT litigation (eg [2013] JRC 016 (ongoing)).  Dakis advises unled a corporate trustee within this $0.5 billion charitable structure in litigation concerning the charity’s proposed restructuring.

AC v DC & Ors (2013) 15 I.T.E.L.R. 81 appeared, with tax and divorce silks, for the successful applicant in the largest reported set aside of a single disposition into trust by a Family Division judge (c. £54 million).  The case made law on the fiscal and legal consequences of avoidance of disposition orders.

Walker v Egerton-Vernon [2014] JRC 025 – Dakis represented a corporate defendant in this £127 million breach of trust dispute in Jersey.

Tchenguiz v Imerman [2013] EWHC 3627; [2012] EWHC 4277 Dakis appeared as Ms Tchenguiz’s chancery counsel in this high value contentious variation of trust claim in the Family Division (now settled).  Significant reported decisions relate to the interaction of the English proceedings with trust proceedings offshore, including the joinder of non-party beneficiaries to the English claims and their duty to disclose documents obtained in private overseas proceedings.

Re the F Trust [2012] JRC 201. Dakis advised (unled) the claimant beneficiary in proceedings against an offshore corporate trustee for breach of trust and maladministration, the compromise of which appears in the cited judgment. The claims resulted, albeit without admission, in “the payment of a substantial sum of money … in to the trust fund” by the trustee.

Re BB’s Representation (2011) 15 ITELR 51 Dakis advised a corporate trustee in this important decision on trustees de son tort, ratification and rectification.

Deery v Continental Trust Company Limited & Anr [2010] JRC 001. Rejection of an attempt by a party in English proceedings to obtain, through letters of request, documentation filed offshore in a trustee directions application. Dakis advised (unled) the successful respondent.

Cawdron v Merchant Taylors School [2010] WTLR 775. Chancery Division proceedings concerning the nature of charitable trusts established in World War I so as to enable the trustees safely to dispose of valuable land. Dakis appeared for the applicant trustees, led by Philip Jones QC.

C Trust Company Ltd v Temple & Ors [2010] WTLR 417. Dakis advised (unled) a corporate trustee in proceedings connected with a request by the new partner of a husband in divorce proceedings that assets be ring-fenced for her and her children by him.

Chvetsov v BNP Paribas Trust Corporation Jersey Ltd & Anr [2009] JLR 217. Strike out of breach of trust and other claims brought by a beneficiary against a corporate trustee's nominee company. Dakis advised (unled) the successful applicant in proceedings in the Royal Court of Jersey and related appeals.

Charman v Charman [2007] 1 FLR 1246. Appeared in the Court of Appeal (led by Alan Boyle QC) in relation to the treatment by the Family Division of a substantial Bermuda trust.

Re Internine Trust; Alhamrani v Alhamrani (eg [2007] JRC026). Advised a corporate trustee (as part of a team led by Douglas Close) in major international trust litigation in Jersey.

Mackinnon v The Regent Trust Company & Ors [2005] WTLR 1367. Advised the corporate trustee (led by Douglas Close) in successfully striking out a beneficiary's sham-like claims.

Civil Fraud

UL v BK [2013] EWHC 1735 - key case on freezing injunction principles and without notice applications.

CR v MZ & Ors [2013] EWHC 295 sham trust/forgery case relating to the ownership of a substantial London property and its holding company.  Dakis appeared for the successful applicant, unled for the second part of the trial. The applicant won with indemnity costs.

Bagus Investments Limited v Kastening [2012] W.T.L.R. 1675. Rejection of an attempt to introduce into asset tracing proceedings, arising from a criminal fraud, a claim in knowing receipt (rejected on grounds of limitation and a failure properly to plead the relevant cause of action). Dakis advised (unled) the successful respondent.

New Media Holding Company LLC v Capita Fiduciary Group Limited [2010] JRC 117. Rejection of an attempt by a media company embroiled in New York fraud proceedings to obtain wide-ranging Norwich Pharmacal disclosure against an offshore fiduciary services provider. Dakis advised (unled) the successful respondent.

Orconsult Limited v Blickle & Ors [2008] Bda LR 41. Decision regarding the costs of disclosing information to claimants in the context of multi-jurisdictional fraud claims against a third party. Dakis advised a corporate trustee as part of a team led by Alan Boyle QC in relation to proceedings in the Supreme Court of Bermuda.

Qualifications

MA (double first) - Peterhouse, Cambridge University

GDL - City University

Lord Mansfield, Lord Bowen and Hardwicke Scholar - Lincoln's Inn

Memberships

Chancery Bar Association

Commercial bar Association

Publications

What's past is prologue or is it? Re the Representation of BB and its consequences (T.&T. 2013, 19(5), 469-474)

Judiciously encouraging: the advantages, disadvantages and scope of the Thomas principle (Trusts & Trustees, 17(9): 840-845)

Current editor of the Practical Law Company's online guide to the rule in Re Hastings-Bass

The unruly rule in Re: Hastings-Bass: are the limits still unclear? (Trusts & Trustees 2007 13(7): 238-241)

Languages

French (good working knowledge)


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