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Richard Wilson QC

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Richard Wilson QC

Areas of Expertise

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Year of Silk: 2016
Year of Call: 1996
rwilson@serlecourt.co.uk

Overview

Richard Wilson QC has a practice encompassing litigation, drafting and advisory work across a wide range of traditional and commercial chancery, with a strong emphasis on trusts and probate (both contentious and non-contentious), related company and partnership law, claims under the Inheritance (Provision for Family and Dependants) Act 1975, tax, professional negligence and civil fraud.

Richard's work frequently involves offshore matters and issues of private international law. He has appeared in the Supreme Court of Gibraltar, the Grand Court of the Cayman Islands and the Eastern Caribbean Supreme Court and Court of Appeal and has given expert evidence of English Law in the Royal Courts of Jersey and Guernsey. He frequently acts in cases in all of the principal offshore jurisdictions including those mentioned above, Bermuda, the Bahamas and St Vincent and the Grenadines.

Before commencing practice at the Bar, Richard worked as a tax consultant with Price Waterhouse.

Areas of Expertise and Cases


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Trusts and Probate

Richard has extensive experience in trust and probate matters, ranging from contentious matters to applications under the Variation of Trusts Act 1958 and Public Trustee v. Cooper applications. Recent cases include:

Henchley v. Thompson [2017] EWHC 225 (Ch): Richard appeared (leading James Weale) for the successful claimants who obtained an order against a trustee who had failed to provide information over a number of decades and who contested the right to an account. Instructed by Withers LLP.

RBC v. Stubbs [2017] EWHC 180 (Ch): Richard appeared for the successful Claimants who sort rectification of two deeds of revocation and reappointment that had inadvertently given rise to a significant charge to tax. Instructed by Farrer & Co. LLP.

Inchbald v. Inchbald [2016]: Richard appeared (leading Oliver Jones) for the first defendant in this high profile probate dispute involving a want of knowledge and approval challenge to the last wills of the famous designer, Michael Inchbald. Instructed by Farrer & Co. LLP.

Van der Merwe v. Goldman [2016] EWHC 926 (Ch): Richard appeared for the claimant who successfully applied to set aside transfers of property and a settlement on the grounds that he had been mistaken as to the tax consequences of doing so. Instructed by Berwin Leighton Paisner LLP.

Wooldridge v. Wooldridge [2015]: Richard appeared (leading James Weale) for the claimant in this high-value claim under the Inheritance (Provision for Family and Dependants) Act 1975. Instructed by Withers LLP.

Royal Society v. Robinson [2015] ChD (Nugee J): Richard appeared for the Royal Society in this application to construe a will which referred to assets in the UK as meaning that it extended to Jersey and the Isle of Man. The Court held that in the context of the will, the term ‘UK’ did extend beyond its ordinary meaning. Instructed by Withers LLP.

RNID & Others v. Turner [2015] EWHC 3301 (Ch): Richard acted for the charities in their successful claim to challenge a will on the basis that it was not duly executed as the deceased was not present when the witnesses signed. Instructed by Royds LLP.

Fielden v. Christie-Miller [2015] EWHC 2940 (Ch): Richard appeared for the trustees who successfully resisted an application to amend the claim to bring a claim to rectify a will out of time and to seek removal of the trustees, having previously obtained an order striking out their original statement of case. Instructed by Boodle Hatfield LLP.

Re: Poon [2015] JCA 109: Richard assisted Jersey advocates in this appeal against the Royal Court’s decision to approve the exclusion of a beneficiary following divorce proceedings in Hong Kong. Instructed by Carey Olsen.

Dawson-Damer v. Taylor Wessing [2015] EWHC 2366 (Ch): Richard (led by Jonathan Swift QC) appeared for the claimants who sought disclosure of documents from solicitors under the Data Protection Act 1998, and is instructed in the appeal due to be heard by the Court of Appeal in 2016. Instructed by McDermott Will & Emery UK LLP.

S v. S [2014] High Court, Family Division: Richard appeared for the trustees of an offshore trust in this claim for ancillary relief, in which the question arose as to whether various family settlements were ‘nuptial’ for the purposes of the Matrimonial Causes Act 1973. The claim settled following an FDR hearing before Mostyn J. Instructed by Farrer & Co LLP.

J.F. & M.F. v Hexagon Investments Ltd [2014] Cayman Grand Court: Richard appeared for the applicants who successfully established that assets transferred by them to a company were not held on the trusts of a settlement created by them, thereby saving substantial amounts of UK tax. Instructed by Withers LLP and Turners.

Tadros v. Barratt [2014] EWHC 2860 (Ch): Richard appeared for a Dutch Foundation, successfully opposing an application for anti-suit and freezing injunctions where probate proceedings had been brought in both England and the Netherlands. Instructed by Boodle Hatfield LLP.

The Woodland Trust v. Loring [2014] EWCA Civ 1314: Richard appeared in the High Court and the Court of Appeal for the successful claimants in this claim for construction of a will. The claim involved the important question of whether the introduction of s.8A of the Inheritance Tax Act 1984 resulted in a single or double nil rate band passing under the will. Instructed by Clifton Ingram.

Re Turquand Young (Deceased) [2013] JRC 235: Richard gave expert evidence to the Royal Court of Jersey as to the proper construction of a will in circumstances where a particular charitable beneficiary had been named twice in the will. Instructed by Withers LLP and Carey Olsen.

Slutsker v. Haron Investments [2013] EWCA Civ 430: Richard appeared for the successful defendants in the High Court and Court of Appeal. The claim involved determination of the question of the extent to which the Russian regime of joint matrimonial property applies to land in England held on a Cayman trust. Instructed by Berwin Leighton Paisner.

Re The B Life Interest Settlement [2012] JRC 229: Richard advised and assisted Jersey advocates in this claim to set aside deeds of exclusion and appointment on the basis of mistake and the principle in Re Hastings-Bass. Instructed by Mourant Ozannes.

Futter v Futter [2013] UKSC 26: Richard acted in the High Court, Court of Appeal and Supreme Court for the trustees who applied at to set aside the exercise of their discretion under the principle in Re Hastings-Bass. The case is the leading authority on the circumstances in which the exercise of a trustee’s power can be set aside. Instructed by Withers LLP.

Tamlin v Edgar The Times, 23rd February 2012: Richard appeared for the trustees in this application for approval of the winding-up of a trust before the Chancellor and in which guidance was given as to the proper approach in such applications. 

Austin v. Woodward [2011] EWHC 2458 (Ch): Richard appeared for the successful claimant in this application to rectify a will on the basis of a clerical error resulting from the use of an incorrect precedent. Instructed by Wedlake Bell.

Official Solicitor v. Yemoh [2011] 1 WLR 1450: Richard appeared for the Official Solicitor in this landmark case in which the Court determined the entitlements on intestacy of spouses to polygamous marriages.

A-B v. Dobbs [2010] WTLR 931: Richard acted for the successful Respondents to an appeal against the refusal of the district judge to pass them over as executors under s.116 of the Senior Courts Act 1981. The Court held that there was no jurisdiction under s.116 following the issuing of a grant of probate and that in any event, no 'special circumstances' sufficient to justify passing over had been shown. Instructed by Laytons LLP.

Bishop v. Bishop [2009] High Court, Chancery Division: Richard acted for the successful claimant in this probate claim involving a will made by an alcoholic within 2 weeks of discharge from rehab. The will was admitted to probate despite the evidence of the deceased's consultant psychologist that the deceased lacked testamentary capacity.





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Civil Fraud

Richard has acted in numerous civil fraud cases, particularly in the context of trusts, companies, accessory liability and MTIC fraud. He has extensive experience of making (and defending) applications for injunctions and disclosure orders, including freezing injunctions and search orders. He has recently assisted Guernsey advocates in relation to claims to recover assets for liquidators of a hedge fund that had been the subject of a major fraud. Other recent cases include:

Khan v. Gany Holdings [2015] BVI Court of Appeal: Richard appeared for the successful appellants in this case involving allegations that a trustee had wrongfully failed to account for trust assets worth $100m. Instructed by Maurice Turnor Gardner LLP and Ogier.


Add section

Offshore

A substantial part of Richard's practice involves matters in offshore courts. Current cases include matters in the Channel Islands, Gibraltar, Cayman, the Bahamas and the BVI, as well as an appeal from the BVI to the Privy Council. Recent cases include:

Re: Poon [2015] JCA 109: Richard assisted Jersey advocates in this appeal against the Royal Court’s decision to approve the exclusion of a beneficiary following divorce proceedings in Hong Kong. Instructed by Carey Olsen.

Khan v. Gany Holdings [2015] BVI Court of Appeal: Richard appeared for the successful appellants in this case involving allegations that a trustee had wrongfully failed to account for trust assets worth $100m. Instructed by Maurice Turnor Gardner LLP and Ogier.

Schroder Cayman Bank & Trust v. Schroder AG [2015] Cayman Grand Court: Richard appeared for the successful Plaintiff who established that purported appointments were void for excessive execution. The case involved the resolution of an apparent conflict between Cayman and Jersey ‘firewall’ legislation and the mistake jurisdiction in Cayman. Richard also assisted Jersey advocates in the application to the Royal Court for recognition and enforcement of the Cayman order. Instructed by Farrer & Co LLP and Mourant Ozannes.

J.F. & M.F. v Hexagon Investments Ltd [2014] Cayman Grand Court: Richard appeared for the applicants who successfully established that assets transferred by them to a company were not held on the trusts of a settlement created by them, thereby saving substantial amounts of UK tax. Instructed by Withers LLP and Turners.

Nourse v. Heritage Corporate Trustee [2015] Guernsey Royal Court: Richard gave expert evidence of English law in this application to set aside transfers into trust on the basis of the settlor’s mistake. Instructed by Carey Olsen.

Re Turquand Young (Deceased) [2013] JRC 235: Richard gave expert evidence to the Royal Court of Jersey as to the proper construction of a will in circumstances where a particular charitable beneficiary had been named twice in the will. Instructed by Withers LLP and Carey Olsen.

Dervan v. Concept Fiduciaries: Richard appeared as the expert witness on English  Law in this application to the Guernsey Royal Court to set aside a transfer of shares into an employee benefit trust, on the grounds of mistake. The Court stated that “Mr Wilson’s exposition of the law was inevitably well-informed”. Instructed by Appleby.

Re The B Life Interest Settlement [2012] JRC 229: Richard advised and assisted Jersey advocates in this claim to set aside deeds of exclusion and appointment on the basis of mistake and the principle in Re Hastings-Bass. Instructed by Mourant Ozannes.

Pedder & Ors. v Cabor Trustees Ltd ([2010] Unreported, Supreme Court of Gibraltar):  Determination of whether negotiations concerning trustee's indemnities were subject to 'without prejudice' privilege and if so, the extent to which such privilege had been waived or could be overridden in the interest of justice.


Add section

Professional Negligence

Richard is frequently instructed by Claimants, Defendants and insurers in matters relating to professional negligence, in particular relating to solicitors and accountants. Most of these claims settle on confidential terms. Richard has developed a particular specialism in assisting defendants and their insurers to mitigate loss by rectifying or setting aside transactions.

Birdseye v. Roythornes [2015] EWHC 1003 (Ch): Richard appeared for the First and Second Defendants in this professional negligence case arising out of the drafting of a codicil by solicitors.


Add section

Company

Richard has acted in numerous cases in this field, particularly those involving allegations of breach of duty by office holders or unfair prejudice. Notable cases include:

Hurd v. TPL Holdings [2014] All ER (D) 266: Richard appeared for the petitioner in this application to strike out a petition under s.994 of the Companies Act 2006. The application to strike out was successfully resisted and the case involved consideration of the important question of the extent to which a petition may be based on past conduct. Instructed by Stewart-Moore Solicitors.

Goldfarb v Poppleton [2007]: Richard appeared for the liquidator in this case concerning the applicable limitation period for claims brought under s.212 of the Insolvency Act 1986. Instructed by Moon Beever.


Add section

Private International Law

Schroder Cayman Bank & Trust v. Schroder AG [2015] Cayman Grand Court: Richard appeared for the successful Plaintiff who established that purported appointments were void for excessive execution. The case involved the resolution of an apparent conflict between Cayman and Jersey ‘firewall’ legislation and the mistake jurisdiction in Cayman. Richard also assisted Jersey advocates in the application to the Royal Court for recognition and enforcement of the Cayman order. Instructed by Farrer & Co LLP and Mourant Ozannes.

Tadros v. Barratt [2014] EWHC 2860 (Ch): Richard appeared for a Dutch Foundation, successfully opposing an application for anti-suit and freezing injunctions where probate proceedings had been brought in both England and the Netherlands. Instructed by Boodle Hatfield LLP.

All Quotes

"A demolition ball in court. He's one of the true trial barristers, who is always game for the fight.": Chambers & Partners 2017

"Well-known trusts specliaist who continues to impress with his service delivery and skill set.": Chambers & Partners 2017

"He is a very good advocate who is very considered and measured.": Chambers & Partners 2017

"At the top of his game.": Legal 500 2016

"An outstanding advocate, very good at thinking on his feet.": Legal 500 2015

"He applies his thorough understanding of the law in a client friendly manner, often coming up with imaginative solutions to the underlying issues. He is hard-working and very responsive.": Chambers 100 UK Bar

"He is extremely able, extremely likeable and very easy to get on with. His written work and advocacy are very good."Chambers & Partners 2016 

"He is very commercial, switched on and astute."Chambers & Partners 2016

"He's both highly forensic and yet imaginative in his approach to the problem-solving process and he really throws himself into cases."Chambers & Partners 2016 

"Technically able, and a man with in-depth knowledge. He is a very commercial chap and has a very good approach to strategy.": Chambers & Partners 2014

"A very good advocate, who takes difficult points," he is "a lateral thinker, who is persuasive in a reasoned sort of way." Peers say he is "knowledgeable, tactically astute and stands his ground well.": Chambers & Partners 2014

"He is consistently singled out as a 'commercial and incisive' junior who brings a 'creative approach to problem solving'. His practice has an emphasis on trusts and probate, tax, civil fraud and insolvency matters, and he has conducted various high-value cases in Gibraltar, Guernsey and the Cayman Islands.": Chambers & Partners 2013

"The 'personable, insighful and forward-thinking' Richard Wilson has a well-rounded chancery practice, but concentrates heavily on trusts, probate and tax": Chambers & Partners 2013

"Richard Wilson 'has become really quite impressive over the years,' according to solicitors, and he, too, frequently leads in matters. An 'outstanding litigator,' his keen knowledge of tax, trusts and offshore issues appeals to clients and solicitors.": Chambers & Partners 2012

Recommendations

Traditional Chancery (Chambers & Partners)
Offshore (Chambers & Partners)
Trusts (Chambers & Partners)
Private client: trusts and probate (Legal 500)

Richard was shortlisted in the category of 'Chancery Junior of the Year' at the Chambers & Partners UK Bar Awards 2012 and in the category of 'Contentious Barrister of the Year' at the ACTAPS awards in 2015.

Richard is also listed in the Citywealth Leaders' List as a prominent barrister in the field of trusts.

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Richard Wilson QC

Richard Wilson QC

Year of Silk: 2016
Year of Call: 1996
Email: rwilson@serlecourt.co.uk

Overview

Richard Wilson QC has a practice encompassing litigation, drafting and advisory work across a wide range of traditional and commercial chancery, with a strong emphasis on trusts and probate (both contentious and non-contentious), related company and partnership law, claims under the Inheritance (Provision for Family and Dependants) Act 1975, tax, professional negligence and civil fraud.

Richard's work frequently involves offshore matters and issues of private international law. He has appeared in the Supreme Court of Gibraltar, the Grand Court of the Cayman Islands and the Eastern Caribbean Supreme Court and Court of Appeal and has given expert evidence of English Law in the Royal Courts of Jersey and Guernsey. He frequently acts in cases in all of the principal offshore jurisdictions including those mentioned above, Bermuda, the Bahamas and St Vincent and the Grenadines.

Before commencing practice at the Bar, Richard worked as a tax consultant with Price Waterhouse.

Areas of expertise

Recommendations

Traditional Chancery (Chambers & Partners)
Offshore (Chambers & Partners)
Trusts (Chambers & Partners)
Private client: trusts and probate (Legal 500)

Richard was shortlisted in the category of 'Chancery Junior of the Year' at the Chambers & Partners UK Bar Awards 2012 and in the category of 'Contentious Barrister of the Year' at the ACTAPS awards in 2015.

Richard is also listed in the Citywealth Leaders' List as a prominent barrister in the field of trusts.

Quotes

"A demolition ball in court. He's one of the true trial barristers, who is always game for the fight.": Chambers & Partners 2017

"Well-known trusts specliaist who continues to impress with his service delivery and skill set.": Chambers & Partners 2017

"He is a very good advocate who is very considered and measured.": Chambers & Partners 2017

"At the top of his game.": Legal 500 2016

"An outstanding advocate, very good at thinking on his feet.": Legal 500 2015

"He applies his thorough understanding of the law in a client friendly manner, often coming up with imaginative solutions to the underlying issues. He is hard-working and very responsive.": Chambers 100 UK Bar

"He is extremely able, extremely likeable and very easy to get on with. His written work and advocacy are very good."Chambers & Partners 2016 

"He is very commercial, switched on and astute."Chambers & Partners 2016

"He's both highly forensic and yet imaginative in his approach to the problem-solving process and he really throws himself into cases."Chambers & Partners 2016 

"Technically able, and a man with in-depth knowledge. He is a very commercial chap and has a very good approach to strategy.": Chambers & Partners 2014

"A very good advocate, who takes difficult points," he is "a lateral thinker, who is persuasive in a reasoned sort of way." Peers say he is "knowledgeable, tactically astute and stands his ground well.": Chambers & Partners 2014

"He is consistently singled out as a 'commercial and incisive' junior who brings a 'creative approach to problem solving'. His practice has an emphasis on trusts and probate, tax, civil fraud and insolvency matters, and he has conducted various high-value cases in Gibraltar, Guernsey and the Cayman Islands.": Chambers & Partners 2013

"The 'personable, insighful and forward-thinking' Richard Wilson has a well-rounded chancery practice, but concentrates heavily on trusts, probate and tax": Chambers & Partners 2013

"Richard Wilson 'has become really quite impressive over the years,' according to solicitors, and he, too, frequently leads in matters. An 'outstanding litigator,' his keen knowledge of tax, trusts and offshore issues appeals to clients and solicitors.": Chambers & Partners 2012

Trusts and Probate

Richard has extensive experience in trust and probate matters, ranging from contentious matters to applications under the Variation of Trusts Act 1958 and Public Trustee v. Cooper applications. Recent cases include:

Henchley v. Thompson [2017] EWHC 225 (Ch): Richard appeared (leading James Weale) for the successful claimants who obtained an order against a trustee who had failed to provide information over a number of decades and who contested the right to an account. Instructed by Withers LLP.

RBC v. Stubbs [2017] EWHC 180 (Ch): Richard appeared for the successful Claimants who sort rectification of two deeds of revocation and reappointment that had inadvertently given rise to a significant charge to tax. Instructed by Farrer & Co. LLP.

Inchbald v. Inchbald [2016]: Richard appeared (leading Oliver Jones) for the first defendant in this high profile probate dispute involving a want of knowledge and approval challenge to the last wills of the famous designer, Michael Inchbald. Instructed by Farrer & Co. LLP.

Van der Merwe v. Goldman [2016] EWHC 926 (Ch): Richard appeared for the claimant who successfully applied to set aside transfers of property and a settlement on the grounds that he had been mistaken as to the tax consequences of doing so. Instructed by Berwin Leighton Paisner LLP.

Wooldridge v. Wooldridge [2015]: Richard appeared (leading James Weale) for the claimant in this high-value claim under the Inheritance (Provision for Family and Dependants) Act 1975. Instructed by Withers LLP.

Royal Society v. Robinson [2015] ChD (Nugee J): Richard appeared for the Royal Society in this application to construe a will which referred to assets in the UK as meaning that it extended to Jersey and the Isle of Man. The Court held that in the context of the will, the term ‘UK’ did extend beyond its ordinary meaning. Instructed by Withers LLP.

RNID & Others v. Turner [2015] EWHC 3301 (Ch): Richard acted for the charities in their successful claim to challenge a will on the basis that it was not duly executed as the deceased was not present when the witnesses signed. Instructed by Royds LLP.

Fielden v. Christie-Miller [2015] EWHC 2940 (Ch): Richard appeared for the trustees who successfully resisted an application to amend the claim to bring a claim to rectify a will out of time and to seek removal of the trustees, having previously obtained an order striking out their original statement of case. Instructed by Boodle Hatfield LLP.

Re: Poon [2015] JCA 109: Richard assisted Jersey advocates in this appeal against the Royal Court’s decision to approve the exclusion of a beneficiary following divorce proceedings in Hong Kong. Instructed by Carey Olsen.

Dawson-Damer v. Taylor Wessing [2015] EWHC 2366 (Ch): Richard (led by Jonathan Swift QC) appeared for the claimants who sought disclosure of documents from solicitors under the Data Protection Act 1998, and is instructed in the appeal due to be heard by the Court of Appeal in 2016. Instructed by McDermott Will & Emery UK LLP.

S v. S [2014] High Court, Family Division: Richard appeared for the trustees of an offshore trust in this claim for ancillary relief, in which the question arose as to whether various family settlements were ‘nuptial’ for the purposes of the Matrimonial Causes Act 1973. The claim settled following an FDR hearing before Mostyn J. Instructed by Farrer & Co LLP.

J.F. & M.F. v Hexagon Investments Ltd [2014] Cayman Grand Court: Richard appeared for the applicants who successfully established that assets transferred by them to a company were not held on the trusts of a settlement created by them, thereby saving substantial amounts of UK tax. Instructed by Withers LLP and Turners.

Tadros v. Barratt [2014] EWHC 2860 (Ch): Richard appeared for a Dutch Foundation, successfully opposing an application for anti-suit and freezing injunctions where probate proceedings had been brought in both England and the Netherlands. Instructed by Boodle Hatfield LLP.

The Woodland Trust v. Loring [2014] EWCA Civ 1314: Richard appeared in the High Court and the Court of Appeal for the successful claimants in this claim for construction of a will. The claim involved the important question of whether the introduction of s.8A of the Inheritance Tax Act 1984 resulted in a single or double nil rate band passing under the will. Instructed by Clifton Ingram.

Re Turquand Young (Deceased) [2013] JRC 235: Richard gave expert evidence to the Royal Court of Jersey as to the proper construction of a will in circumstances where a particular charitable beneficiary had been named twice in the will. Instructed by Withers LLP and Carey Olsen.

Slutsker v. Haron Investments [2013] EWCA Civ 430: Richard appeared for the successful defendants in the High Court and Court of Appeal. The claim involved determination of the question of the extent to which the Russian regime of joint matrimonial property applies to land in England held on a Cayman trust. Instructed by Berwin Leighton Paisner.

Re The B Life Interest Settlement [2012] JRC 229: Richard advised and assisted Jersey advocates in this claim to set aside deeds of exclusion and appointment on the basis of mistake and the principle in Re Hastings-Bass. Instructed by Mourant Ozannes.

Futter v Futter [2013] UKSC 26: Richard acted in the High Court, Court of Appeal and Supreme Court for the trustees who applied at to set aside the exercise of their discretion under the principle in Re Hastings-Bass. The case is the leading authority on the circumstances in which the exercise of a trustee’s power can be set aside. Instructed by Withers LLP.

Tamlin v Edgar The Times, 23rd February 2012: Richard appeared for the trustees in this application for approval of the winding-up of a trust before the Chancellor and in which guidance was given as to the proper approach in such applications. 

Austin v. Woodward [2011] EWHC 2458 (Ch): Richard appeared for the successful claimant in this application to rectify a will on the basis of a clerical error resulting from the use of an incorrect precedent. Instructed by Wedlake Bell.

Official Solicitor v. Yemoh [2011] 1 WLR 1450: Richard appeared for the Official Solicitor in this landmark case in which the Court determined the entitlements on intestacy of spouses to polygamous marriages.

A-B v. Dobbs [2010] WTLR 931: Richard acted for the successful Respondents to an appeal against the refusal of the district judge to pass them over as executors under s.116 of the Senior Courts Act 1981. The Court held that there was no jurisdiction under s.116 following the issuing of a grant of probate and that in any event, no 'special circumstances' sufficient to justify passing over had been shown. Instructed by Laytons LLP.

Bishop v. Bishop [2009] High Court, Chancery Division: Richard acted for the successful claimant in this probate claim involving a will made by an alcoholic within 2 weeks of discharge from rehab. The will was admitted to probate despite the evidence of the deceased's consultant psychologist that the deceased lacked testamentary capacity.

Civil Fraud

Richard has acted in numerous civil fraud cases, particularly in the context of trusts, companies, accessory liability and MTIC fraud. He has extensive experience of making (and defending) applications for injunctions and disclosure orders, including freezing injunctions and search orders. He has recently assisted Guernsey advocates in relation to claims to recover assets for liquidators of a hedge fund that had been the subject of a major fraud. Other recent cases include:

Khan v. Gany Holdings [2015] BVI Court of Appeal: Richard appeared for the successful appellants in this case involving allegations that a trustee had wrongfully failed to account for trust assets worth $100m. Instructed by Maurice Turnor Gardner LLP and Ogier.

Offshore

A substantial part of Richard's practice involves matters in offshore courts. Current cases include matters in the Channel Islands, Gibraltar, Cayman, the Bahamas and the BVI, as well as an appeal from the BVI to the Privy Council. Recent cases include:

Re: Poon [2015] JCA 109: Richard assisted Jersey advocates in this appeal against the Royal Court’s decision to approve the exclusion of a beneficiary following divorce proceedings in Hong Kong. Instructed by Carey Olsen.

Khan v. Gany Holdings [2015] BVI Court of Appeal: Richard appeared for the successful appellants in this case involving allegations that a trustee had wrongfully failed to account for trust assets worth $100m. Instructed by Maurice Turnor Gardner LLP and Ogier.

Schroder Cayman Bank & Trust v. Schroder AG [2015] Cayman Grand Court: Richard appeared for the successful Plaintiff who established that purported appointments were void for excessive execution. The case involved the resolution of an apparent conflict between Cayman and Jersey ‘firewall’ legislation and the mistake jurisdiction in Cayman. Richard also assisted Jersey advocates in the application to the Royal Court for recognition and enforcement of the Cayman order. Instructed by Farrer & Co LLP and Mourant Ozannes.

J.F. & M.F. v Hexagon Investments Ltd [2014] Cayman Grand Court: Richard appeared for the applicants who successfully established that assets transferred by them to a company were not held on the trusts of a settlement created by them, thereby saving substantial amounts of UK tax. Instructed by Withers LLP and Turners.

Nourse v. Heritage Corporate Trustee [2015] Guernsey Royal Court: Richard gave expert evidence of English law in this application to set aside transfers into trust on the basis of the settlor’s mistake. Instructed by Carey Olsen.

Re Turquand Young (Deceased) [2013] JRC 235: Richard gave expert evidence to the Royal Court of Jersey as to the proper construction of a will in circumstances where a particular charitable beneficiary had been named twice in the will. Instructed by Withers LLP and Carey Olsen.

Dervan v. Concept Fiduciaries: Richard appeared as the expert witness on English  Law in this application to the Guernsey Royal Court to set aside a transfer of shares into an employee benefit trust, on the grounds of mistake. The Court stated that “Mr Wilson’s exposition of the law was inevitably well-informed”. Instructed by Appleby.

Re The B Life Interest Settlement [2012] JRC 229: Richard advised and assisted Jersey advocates in this claim to set aside deeds of exclusion and appointment on the basis of mistake and the principle in Re Hastings-Bass. Instructed by Mourant Ozannes.

Pedder & Ors. v Cabor Trustees Ltd ([2010] Unreported, Supreme Court of Gibraltar):  Determination of whether negotiations concerning trustee's indemnities were subject to 'without prejudice' privilege and if so, the extent to which such privilege had been waived or could be overridden in the interest of justice.

Professional Negligence

Richard is frequently instructed by Claimants, Defendants and insurers in matters relating to professional negligence, in particular relating to solicitors and accountants. Most of these claims settle on confidential terms. Richard has developed a particular specialism in assisting defendants and their insurers to mitigate loss by rectifying or setting aside transactions.

Birdseye v. Roythornes [2015] EWHC 1003 (Ch): Richard appeared for the First and Second Defendants in this professional negligence case arising out of the drafting of a codicil by solicitors.

Company

Richard has acted in numerous cases in this field, particularly those involving allegations of breach of duty by office holders or unfair prejudice. Notable cases include:

Hurd v. TPL Holdings [2014] All ER (D) 266: Richard appeared for the petitioner in this application to strike out a petition under s.994 of the Companies Act 2006. The application to strike out was successfully resisted and the case involved consideration of the important question of the extent to which a petition may be based on past conduct. Instructed by Stewart-Moore Solicitors.

Goldfarb v Poppleton [2007]: Richard appeared for the liquidator in this case concerning the applicable limitation period for claims brought under s.212 of the Insolvency Act 1986. Instructed by Moon Beever.

Private International Law

Schroder Cayman Bank & Trust v. Schroder AG [2015] Cayman Grand Court: Richard appeared for the successful Plaintiff who established that purported appointments were void for excessive execution. The case involved the resolution of an apparent conflict between Cayman and Jersey ‘firewall’ legislation and the mistake jurisdiction in Cayman. Richard also assisted Jersey advocates in the application to the Royal Court for recognition and enforcement of the Cayman order. Instructed by Farrer & Co LLP and Mourant Ozannes.

Tadros v. Barratt [2014] EWHC 2860 (Ch): Richard appeared for a Dutch Foundation, successfully opposing an application for anti-suit and freezing injunctions where probate proceedings had been brought in both England and the Netherlands. Instructed by Boodle Hatfield LLP.

Qualifications

Richard read Law at the Universities of Sheffield (LLB) and London (LLM).

Memberships

Chancery Bar Association
Revenue Bar Association
ACTAPS
STEP
Professional Negligence Bar Association

Publications

Richard writes extensively on subjects within his fields of expertise. He has had numerous articles published in journals such as Private Client Business, The Trusts and Estates Law and Tax Journal and Elderly Client Adviser. He is the co-author of ‘The Trustee Act 2000: a Practical Guide' (Jordans, 2001) and is currently co-writing the ‘Trust Litigation Handbook' which is due to be published by Jordans. 

Richard is a former editor of the Trusts Quarterly Review, and is currently a member of the editorial boards of the Wills and Trusts Law Reports and the Journal of International Tax, Trust and Corporate Planning.


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