Overview

Frank has an international practice conducting multi-jurisdictional Chancery litigation relating to the most substantial fortunes in the world. He appears in Court in England, Bermuda, BVI, Hong Kong, Cayman and Bahamas as well as doing advisory work in relation to other jurisdictions such as Jersey. He is one of the world's leading experts in the field of trusts, but his practice extends to property, partnership, charities and Chancery work of a more commercial nature. He is experienced and expert in coordinating and leading multi-jurisdictional teams with simultaneous proceedings in different countries (including simultaneously in common law and civil law jurisdictions). User friendly (as well as being extremely intelligent and hard working) he has the ability to get on well with lawyers and clients from varied countries and backgrounds and has a proven track record of bringing difficult complex cases to successful conclusions.

Areas of expertise

• Trusts and Probate
• Chancery
• Partnership and LLP
• Property
• Charities
• Offshore

Recommendations

Quotes

Trusts and Probate

Frank is one of the world’s top trusts lawyers with a specialist domestic and international trusts practice conducting advisory drafting and litigation work for  landed and commercial fortunes worth US $ billions or multi-millions.

British Virgin Islands: Re V & W Trust [2017] Mr Justice Carrington QC: successfully obtaining appointment of a Receiver and proprietary injunctions to protect a trust fund from dissipation where the trust deed was allegedly fabricated after the settlor’s death (alternative case sham trust).

Cayman: Re Y Trust [2016] Smellie C.J.: successful proceedings to establish the validity of 30 years of trust administration (raising issues of rectification and need for protector consent to trustee retirement) and to obtain court approval to the appointment of private trust companies in place of individual trustees.

Hong Kong: Re Nina Wang Dec'd  [2014] Court of Appeal [2012] Poon J.: proceedings to determine the true construction and effect of a homemade Chinese will of the woman who during her lifetime was by repute the wealthiest woman in Asia.

Bermuda: Re A Trust [2012] Bda.LR79 Kawaley C.J.: successful application to obtain an anti-suit injunction preventing a disaffected beneficiary from taking proceedings in another jurisdiction relating to a Bermuda Trust.  Costs ruling: Re A Trust [2013] Bda.LR21

Bermuda: C v D [2012] Kawaley C.J.: successful proceedings to have a Bermuda trust and a civil law foundation of very substantial value brought to an end.

England: Scarfe v Matthews [2012] WTLR 1579: issues of will construction and the doctrine of election in relation to the estate of a celebrated Norfolk turkey farmer.

Bermuda: Re Q Trusts [2011] WTLR 373 Ground C.J.: (a) successful in getting two inter vivos trusts declared void as ineffective testamentary dispositions with consequential tax saving: (b) rearrangement of trusts of very substantial North American commercial fortune.

Bahamas: Lady Henrietta St George et al v Sir Jack Haywood et al [2010]: Court of Appeal: litigation in relation to the ownership and control of Freeport Grand Bahama.

England: Brown v Executors of HM Queen Mother and HRH Princess Margaret [2008] WTLR 425 Court of Appeal: resisting on behalf of the Royal Family a claim by a Jersey accountant for the unsealing of the Wills of HM Queen Mother and HRH Princess Margaret on the basis that he is the illegitimate son of Princess Margaret.

Cayman: Re C Trust [2006] Smellie CJ: successfully getting principal beneficiary reinstated who had been removed by mistake.

Domestic and international trusts including taxation: advisory, drafting and litigation work at the highest level including: Re Variation of Trusts of Duke of Bedford; Re Trusts of Marquis of Exeter and Re Trusts of the Duke of Hamilton.

International trusts work in relation to various jurisdictions but in particular the Cayman Islands, Jersey, Bermuda, Bahamas and Hong Kong: cases include Re Akram Ojjeh Trust (1993) Cayman Islands L.R. 348 (entitlement of beneficiaries to information) Re Hampstead Trust (1995) C.A. Grand Cayman (revocation of settlement) Re Chan Settlements (2001) Hong Kong and Alhamrani (2009) Jersey.

Expert witness: in US cases in relation to validity of trusts governed by Cayman and Jersey Law: Re 1995 and 1996 Trusts (1998) Washington State; Flemmer v HRO (2000) Colorado; in Spanish case in relation to validity of trusts governed by Cayman Law: Casadevall v. J.P. Morgan Chase Bank [2002] Catalonia; in Jersey case in relation to trustee liability under law of Bermuda: Hankinson v Walbrook Trustees (Jersey) Limited [2009].

Re G Trust [2006] CA: successfully appealing court order 5 years out of time thereby saving trust fund US $45 million gift tax.

Topham v Charles Topham Group Ltd [2002] All ER (D) (May): successful litigation to save a tax freezer scheme involving onshore and offshore settlements which had gone wrong due to negligent advice.

Re Shelton-Agar [2002] All ER (D) 16 (May) Hart J: highly contentious will construction (part of a long running family dispute) in relation to a landed estate.

Fazio v Rush [2002] All ER (D) 392 (Jul): successful defence of action by child of Caitlin Thomas to share in the trusts of the copyrights of the poet Dylan Thomas.

Wight v Olswang [1998] TLR 564: trustee exemption clauses.

Finers v Miro (1991) 1 W.L.R. 35: constructive trust.

Partnership and LLP

Frank has had a long established specialist partnership practice.  Past cases include:  Kerr v Morris [1987] Ch 90 CA:  restraint of trade re medical partnership. Over the years partnership work has been principally for solicitors in relation to their own partnership problems which is highly confidential and of great sensitivity. Recent work has included partnership disputes in relation to investment and hedge fund LLPs.  Quasi-partnership disputes of an international character include between 2006-2010 Lady Henrietta St George. v. Sir Jack Hayward: multi-jurisdictional litigation in relation to Freeport the 2nd largest port in the Bahamas which was run in quasi-partnership between Sir Jack and Lady Henrietta’s late husband.

Bahamas: Lady Henrietta St George et al v Sir Jack Haywood et al [2010]: Court of Appeal: litigation in relation to the ownership and control of Freeport Grand Bahama.

Property

Frank has for many years had a specialist real estate property litigation practice, including commons, landlord and tenant and leasehold enfranchisement. Most recently he has specialized in the law of commons and other cases demanding a high level of technical expertise and the ability to deal with legal concepts and issues going back up to a 1,000 years.

England: Roberts v Swangrove Estates Ltd [2008] Ch. 439 Court of Appeal: establishing the Crown's title to the bed of the River Severn on the basis of adverse possession in the face of textbooks and authorities going back to 1530.

England: Crown Estate Commissioners v Roberts [2008] P & CR 255 Lewison J: establishing the Crown's title to half the coastline of Pembrokeshire and successfully rebutting a claim to franchise rights based (in part) on a Royal Charter of 1115 which was confirmatory of pre-Norman conquest rights.

Earl of Macclesfield v. Parker [2003] Lewison J. Successful defence of proprietary estoppel claim by the Earl to live in Shirburn Castle for life.

Mid-Glamorgan C.C. v Ogwr B.C. [1995] 1 W.L.R. 313 House of Lords: effect of compulsory purchase for an abandoned purpose on common land

Dugan-Chapman v Grosvenor Estate Belgravia [1997] 10 E.G. 152: whether right to enfranchisement extends to mews house

National Trust v Ashbrook (1997) T.L.R. 360: powers of National Trust to fence common land.

Commons work has included enquiries before Commissioners including for the Duchy of Lancaster and non-statutory inquiries re town or village greens (as Inspector and counsel) including Re Harlequins Ground Cardiff (2000) Re Barrow Hill Chatsworth Estate (2001) Re Jim Driscoll Way Cardiff (2001).

Charities

From the beginning of his practice at the Chancery Bar Frank has done advisory, drafting and litigation work in relation to charities. Currently he is conducting the Nina Wang case in Hong Kong in relation to an estate worth HK$85 bn, possibly the largest charitable bequest in history.

Hong Kong: Re Nina Wang Dec'd  [2014] Court of Appeal [2012] Poon J.: proceedings to determine the true construction and effect of a homemade Chinese will of the woman who during her lifetime was by repute the wealthiest woman in Asia.

Re Carapiet [2002] All ER (D) 98 (Jul): successful action to determine that a trust for the establishment in life of Armenian children is a valid charity.
 

Qualifications

MA (First Class), BCL (First Class), St Catherine's College, Oxford

Memberships

The International Academy of Estate and Trust Law
Chancery Bar Association
Association of Contentious Trust and Probate Specialists
Society of Trust and Estate Practitioners

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