“Serle Court is the best chancery set in London...”
"excellent in the trusts and probate field"
"excellent set"
Serle Court is widely acknowledged as a leading set for both contentious and non-contentious trusts and probate work, both domestically and internationally.
In England & Wales, the set has an extremely strong profile with members’ work encompassing trusts and probate litigation and advice, claims under the Inheritance (Provision for Family & Dependants) Act 1975 and charities work. In recent years barristers from Serle Court have appeared in many of the leading cases in these fields.
Chambers also has a pre-eminent reputation for offshore trusts litigation and related work. Members of chambers act in significant cases across the Caribbean and in other jurisdictions including Bermuda, Jersey, Guernsey, the Isle of Man, Gibraltar, Lichtenstein, Hong Kong and Singapore.
Our clients include a wide range of City, West End, national and provincial firms of solicitors onshore and many leading offshore, domestic and foreign law firms in relation to our international work, as well as major institutional trustees. Members are well used to working within multi-national, multi-jurisdictional and multi-disciplinary teams on large matters.
In 2022 Serle Court was awarded 'Set of the Year' at the Chambers HNW Awards. At the time, Chambers and Partners commented that "This powerhouse chancery set has members acting on all sides of the massive Wong v. Grand View PTC litigation, which went to up the Privy Council in March this year." Chambers High Net Worth Awards recognise a pre-eminence in key jurisdictions, reflecting achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service.
Serle Court maintains an impressive reputation in the market for its members' high-value chancery work, ranked in Band 1 of the HNW directory in Chancery: Traditional - "They are a first-class set, particularly in offshore trust and commercial chancery work," remarks an interviewee, adding: "They tend to have the best barristers." Another source appreciates the dynamic approach taken by barristers throughout the set, saying: "Whenever I have worked with barristers from Serle Court, they have always been exceptionally proactive in taking responsibility for moving the matter along and finding solutions. They are fantastically responsive." "The clerking team is very good, responsive and go out of their way to ensure excellent service." (Chambers HNW 2022)
Please join our experts in conversation on LinkedIn by joining the Serle Court – Contentious Trusts and Probate Group here.
Chambers UK 2021
Silks
Elizabeth Jones KC: "A tough, no-nonsense advocate who applies herself to the case robustly."
Richard Wilson KC: "He's a delight to work with. He's obviously very bright, knows the law and can apply it. He's an able advocate." "He is a brilliant advocate and he gets to the point easily and quickly. He turns work around very quickly."
Dakis Hagen KC: "An excellent, thorough and hard-working silk."
Juniors
William Henderson: "He is very good at analysing the permutations of a case, and weighing up the risks and rewards."
Giles Richardson: "Clever and a delight to work with, he can more than hold his own against the more established silks in the area." "For offshore trusts work, he's truly a top choice - unflappable, very very responsive, and someone for whom nothing is too much trouble."
James Brightwell: "Excellent tactically and very astute." "He has incredible expertise."
Emma Hargreaves: "Incredibly smart and highly enthusiastic." "She is first-rate and works incredibly hard."
Legal 500 2023
Serle Court is the ‘go-to set for all high-value trusts work’ with ‘excellent strength in depth’ in complex trust and offshore disputes. Richard Wilson KC is ‘well known for finding solutions to complex problems’ and represented Tony Wang in the Wong v Grand View trusts litigation in the Judicial Committee of the Privy Council concerning Bermudian trusts storing wealth for the family that created the Formosa Plastics Corporation in Taiwan. John Machell KC ‘excels under pressure’ and has been instructed in the ITG v Glenalla Properties Limited dispute, a part of the Tchenguiz Discretionary Trust saga, with issues concerning how to deal with insolvent trusts. William Henderson represented the government in Re the Will of His late Royal Highness Prince Phillip, Duke of Edinburgh, a case concerning The Guardian’s opposition to the practice of sealing wills of members of the royal family, outside the usual principle that all wills are open to inspection. ‘Incredibly perceptive and intelligent’ James Weale recently acted for the defendant in Sofer v Swiss Independent Trustees Ltd, a fraud claim relating to assets worth $60m.
Silks
Elizabeth Jones KC: ‘Elizabeth is a great strategist and advocate.’ - Ranked: Tier 2
Philip Jones KC: Ranked: Tier 1
John Machell KC: ‘John is a heavyweight in the trust litigation world. He is vastly knowledgeable and immediately grasps the key legal and commercial issues. His drafting and advocacy skills are also excellent.’ - Ranked: Tier 2
Jonathan Adkin KC:‘Jonathan has a superlative ability to get to the heart of a case and identify good points and jettison bad ones. He analyses complex issues incisively and persuasively. He provides clear advice on complex legal issues and is an excellent tactician.’ - Ranked: Tier 1
Richard Wilson KC: "Richard is the all-around superstar of a barrister. He is very affable, with internal and external clients being drawn to his warm personality." - Ranked: Tier 1
Prof Jonathan Harris KC (Hon.): "Jonathan is exceptionally knowledgeable, incredibly user-friendly and sensible to deal with." - Ranked: Tier 3
Dakis Hagen KC: Ranked: Tier 2
Constance McDonnell KC: "Constance is a first choice for high-value estate claims. She has a fantastic judgement, is aggressive when needed, and is one to have on your side. She strikes fear into the hearts of opponents and can win unwinnable cases." - Ranked: Tier 2
Timothy Collingwood KC: Ranked: Tier 3
Giles Richardson KC: 'Giles is simply superb who works exceptionally hard. He is collaborative and helpful team member.'
Juniors
William Henderson: ‘William is technically superb. He is an excellent advocate. He brings the complete package to any case, however complex. He can draft the trust documents, direct the strategy, see the bigger picture and represent the client in court.’ - Ranked: Tier 1
Jonathan Fowles: Ranked: Tier 3
James Weale: ‘James is a first-choice barrister in contentious trusts matters. He is incredibly smart and able to grasp very complex issues immediately. His advocacy is outstanding, and his style of advocacy demonstrates a deep understanding of the subject matter, the facts and the legal arguments, and he is impassioned in making his submissions.’ - Ranked: Tier 1
Adil Mohamedbhai: "Adil is a fantastic advocate. His legal knowledge is second to none and brilliant litigation instincts." - Ranked: Tier 3
Emma Hargreaves: "Emma is extremely hardworking and has an excellent memory and attention to detail. She is a good tactical thinker, very enthusiastic and pleasant." - Ranked: Tier 3
Amy Proferes: "Amy's main strengths are clarity of thought which translates into very clear and persuasive drafting, and speed of turnaround." - Ranked: Tier 4
Zahler Bryan: Ranked: Tier 3
Oliver Jones: "Oliver is an absolute gem. He is very skilful in all areas, a good technician, thorough, and highly persuasive in the written and spoken word." - Ranked: Tier 4
Charlotte Beynon: "Charlotte is incredibly intelligent. She has great self-confidence without being arrogant and is always prepared to speak up and give her views." - Ranked: Tier 4
Stephanie Thompson: ‘Stephanie has a great brain and is an excellent communicator. Her attention to detail is first-rate.’ - Ranked: Tier 4
Leonard v Leonard [2024] EWHC 321(ChD):
Constance McDonnell KC and George Vare, assisted by Anneliese Mondschein, acted on behalf of the successful Claimants in this contested probate claim (instructed by Bernadette Baker, Kate Harris, and Anna Lambert of Birketts LLP).
The Claimants successfully argued that the Deceased neither had testamentary capacity at the time of executing a purported final will, nor knew and approved of its contents. The comprehensive judgment of Mrs Justice Joanna Smith DBE will no doubt be of interest to practitioners in this field, in particular as regards the court’s approach to medical expert evidence in such cases, and the operation of limbs 1 and 4 of Banks v Goodfellow.
Please click here to view the judgment.
Frain (aka Reeves) v Reeves:
In Frain (aka Reeves) v Reeves [2023] EWHC 73 (Ch), Elizabeth Jones KC and Paul Adams successfully opposed the grant of permission to bring committal proceedings in relation to alleged false statements made in pleadings and witness statements containing a statement of truth, and in disclosure statements. Significant aspects of the judgment include (a) confirmation at [26]-[32] that where it can be seen at the permission stage that more than one inference may reasonably be drawn in relation to evidence advanced in support of a committal application, the claimant will be unable to establish a strong prima facie case to the criminal standard at trial, so that permission should not be granted, (b) confirmation at [37]-[39] of the importance of the applicant’s case on a committal application being clearly and fully set out within the four corners of the application and (c) the Judge’s decision at [42] that a judgment made at the trial of underlying proceedings out of which a committal application arises is not admissible in the committal application against a person who was a witness in but not a party to the original proceedings.
The judgment can be found here.
Ticehurst & Ors v Harbour Fund II LP & Ors [2022] EWHC 3053 (Comm):
On 30 November, Mr Justice Foxton sitting in the Commercial Court, KBD handed down judgment in the matter of Ticehurst & Ors v Harbour Fund II LP & Ors [2022] EWHC 3053 (Comm). Elizabeth Jones KC, instructed by Harcus Parker led Daniel Saoul KC (4 New Square), and Richard Hoyle and Lorraine Aboagye (Essex Court) on behalf of Harbour.
The judgment considered various important factors with respect to the treatment of trusts in a commercial setting, and in particular, the use of trust structures in litigation financing. Foxton J considered the powers and obligations of funded parties under a Litigation Funding Agreement who became trustees on receipt of proceeds of the funded litigation, set against the background of relevant provisions of the Trustee Acts 1925 and 2000.
Background
Harbour provided litigation funding to the claimants in the Orb v Ruhan Litigation. The funding agreement contained a declaration of trust that any “Proceeds” would be held “as Trust property on bare trust absolutely” in favour of Harbour, Orb and Messrs Thomas & Taylor, with entitlements set out in a waterfall allowing for the first tranche of recoveries to be paid to Harbour as funder. At para 10 of the judgment, Foxton J considered Elizabeth Jones KC’s arguments regarding the difficulties with the definition of ‘Proceeds’, and at paragraphs 36-38 held that the obligations and powers of the trustees were limited to little more than holding the Proceeds, and that the form and purpose of the litigation funding agreement meant that the extensive powers under the Trustee Act were excluded.
To read the full judgment click here.
Grand View Private Trust Co Ltd and another (Respondents) v Wong and others:
The Privy Council has today handed down judgment allowing the appeals of Dr Winston Wong, Riley Wong and Tony Wang in the conjoined appeals of Grand View Private Trust Co Ltd and another (Respondents) v Wong and others [2022] UKPC 47. In one of the most important trusts law judgments in recent years the Board unanimously held that the exercise of a power adding and excluding beneficiaries was void on the basis that it was inconsistent with the purpose for which the power was conferred. The judgment has important implications for the exercise of fiduciary powers more generally. Of the eleven barristers from English chambers who appeared in the Privy Council, eight were from Serle Court: Dakis Hagen KC, Emma Hargreaves and Stephanie Thompson (instructed by Baker & McKenzie (London) and ASW Law Limited (Bermuda)) acted for the appellants in the first appeal; Richard Wilson KC, James Weale and Charlotte Beynon (instructed by Stewarts, MJM Limited (Bermuda) and Baker McKenzie (Taipei)) acted for the appellant in the second appeal; Jonathan Adkin KC and Adil Mohamedbhai acted for the respondent in both appeals (instructed by Skadden Arps Slate Meagher & Flom (London) and Conyers Dill & Pearman (Bermuda)).
The judgment can be found here.
Privy Council hands down judgment in the Re ZII Trust/Investec2 appeals:
The Privy Council today handed down a landmark judgment in trusts law in the cases of ITG Ltd v Fort Trustees Ltd and Equity Trust (Jersey) Ltd v Halabi, holding that a trustee’s right of indemnity gives them a proprietary interest in the trust assets which survives cessation of trusteeship, but, by a 4 to 3 majority and allowing the appeals, that, if the trust assets are insufficient to satisfy the claims of all trustees, the liens of the trustees rank pari passu among themselves rather than on a first in time basis.
John Machell KC assisted by John Eldridge acted for the Appellants in the ITG case and James Brightwell assisted by Andrew Gurr acted for the Respondents.
The judgment can be viewed here.
The Executor of HRH the Prince Philip Duke of Edinburgh v HM Attorney General and Guardian News and Media:
In The Executor of HRH the Prince Philip Duke of Edinburgh v HM Attorney General and Guardian News and Media [2022] EWCA Civ 1081 the Court of Appeal held that the President of the Family Division had been entitled to conclude that an application to have the will of His Royal Highness Prince Phillip, Duke of Edinburgh sealed should be heard in private, and that he had been entitled to make that decision without inviting submissions from representatives of the media.
Will Henderson led by Sir James Eadie QC and instructed by the Government Legal Department acted for HM Attorney General.
View the judgment here.
Reeves v Drew & Ors:
On 31 January, judgment was handed down by Michael Green J in Reeves v Drew & Ors [2022] EWHC 159 (Ch), one of the most valuable probate claims ever determined in this jurisdiction. The Court held that the wealthy but illiterate testator had not known or approved of the contents of a will which left 80% of his estate to a daughter (the claimant), and inexplicably omitted a son and two grandchildren of whom he was very fond. The Court held that the claimant had likely engineered the will-making process so that she would get the bulk of the estate. The will was prepared by a solicitor with whom the claimant was already familiar, and who was prepared to create a false trail of evidence in the will file.
Constance McDonnell QC acted for the successful Second Defendant, instructed by London Litigation Partnership.
Giles Richardson acted for the First Defendant, instructed by Stevens & Bolton LLP.
Michael Green J paid tribute to counsel and their legal teams for managing the case efficiently and proportionately with such a large number of witnesses and for the high quality of their advocacy, both oral and written.
The judgment can be found here.
Attorney General v Zedra Fiduciary Services Ltd:
In 1928 £500,000, referred to as the "National Fund", was settled on trust to accumulate income and profits until the date fixed by the trustees as being the date when, either alone or together with other funds then available for the purpose, it was sufficient to discharge the National Debt. At that time, the Fund was to be transferred to the National Debt Commissioners to be applied by them in reduction of the National Debt. A special Act had been passed to permit such indefinite accumulations for that purpose. Since 1928 the Fund has had many large and small additional gifts made to it.
The aggregate fund has been invested and has been accumulating income for 93 year in the hands of its trustees. The first trustee was Barings. After the collapse of Barings, Barclays became the trustee until it sold its trust business to Zedra, since when Zedra Fiduciary Services (UK) Ltd has been the trustee. The Fund with its accumulated income is now worth about £600 million.
In 2018 the Attorney General applied for a scheme in respect of the Fund. In December 2020 Zacaroli J rejected claims by heirs of the original settlor that the trust was invalid. He held that the circumstances in which the Fund might be sufficient to discharge the National Debt were so remote, that for all practical purposes there was no possibility of it ever being sufficient to discharge the National Debt (whether alone or with other funds available for the purpose). He held that the court had jurisdiction to make a scheme under the cy-près doctrine. He adjourned the issue of whether the National Fund should now be applied in reduction of the National Debt or should be applied for some other charitable purposes.
The adjourned hearing took place in December 2021. Judgment was handed down remotely on 21 January 2022. Zacaroli J held that the Fund should be applied in reduction of the National Debt. He held that the first two of the three factors to which s.67 Charities Act 2011 required him to have regard, that is to say “the spirit of the gift” and “the desirability of securing that the property is applied for charitable purposes which are close to the original purposes”, pointed in favour of that conclusion. Zacaroli J found that the third factor, that is “the need for the relevant charity to have purposes which are suitable and effective in the light of current social and economic circumstances” was more difficult, but concluded that taking account of current social and economic circumstances did not point sufficiently in favour of the trustee’s scheme to cause it to be appropriate for purposes of the fund to be altered so that it became held on trust for general charitable purposes.
William Henderson acted for the Attorney General.
Please click here for the judgment.
Hirachand v Hirachand:
An award under the Inheritance (Provision for Family and Dependants) Act 1975 can include a lump sum to enable the claimant to discharge all or part of a success fee payable under a CFA.
The Court of Appeal addressed this issue for the first time in a significant judgment handed down this morning (15 October 2021) in Hirachand v Hirachand [2021] EWCA Civ 1498 (an appeal from the 2020 decision of Cohen J in Re H).
The Court of Appeal determined that a CFA success fee is capable of being a debt, satisfaction of which is a ‘financial need’ pursuant to s.3(1)(a) of the Act (that term being unqualified and unlimited). It did, however, caution that a success fee is unlikely to be included in an award unless the judge is satisfied that the only way in which the claimant had been able to litigate was by entering into a CFA. This decision has potentially wide ramifications in the context of 1975 Act claims, particularly as to funding, interim relief to contribute towards legal costs, and the approach to ADR. Constance McDonnell QC (who did not appear below) represented the successful respondent in the Court of Appeal.
Please click here for the judgment.
Moskofian v Foster & Ors:
Andrew Francis acted for the Applicant in an application to modify a restrictive covenant in Ealing, West London, and succeeded on payment of compensation to the objectors. The decision is significant in terms of:
(a) modification being granted
(b) assessment of compensation
(c) duties of expert witnesses
(d) imposition of conditions in respect of the execution of works.
Andrew Francis authored a SerleShare titled 'What is it Worth?' in October 2021 which explores which law applies when the value of the rights under restrictive covenants affecting freehold land are being calculated either in negotiations.
Please click here to read the judgment of the Upper Tribunal, Lands Chamber.
Wong v Grand View Private Trust Company Ltd:
Dakis Hagen QC (assisted by Emma Hargreaves) acts for the Plaintiffs and Jonathan Adkin QC (assisted by Adil Mohamedbhai) acts for the Defendant trustee in Wong & Anor v Grand View Private Trust Company Ltd, a claim to recover substantial trust property transferred to a trustee of a purpose trust. The Plaintiffs succeeded in obtaining summary judgment at first instance on the ground that powers of addition and exclusion cannot be exercised in a manner which alters or destroys the substratum of the trust ([2019] SC (Bda) 37 Com (5 June 2019)), but this was overturned by the Bermuda Court of Appeal in April 2020 (Civil Appeal No. 5A of 2019, 20 April 2020). Richard Wilson QC (assisted by James Weale) acts for Tony Wang, an intervenor in the appeal. The Plaintiffs and Tony Wang have each been granted leave to appeal to the Judicial Committee of the Privy Council.
Ivanishvili, Bidzina and others v Credit Suisse Trust Ltd [2020] SGCA 62:
Jonathan Adkin QC, Sophie Holcombe, and Jamie Randall act on behalf of the former Prime Minister of Georgia and his family as beneficiaries of a Singapore Trust in Ivanishvili, Bidzina and others v Credit Suisse Trust Ltd [2020] SGCA 62. Claims have been commenced against Credit Suisse entities for losses arising from the mismanagement of an investment portfolio said to be worth over US$1bn. In July 2020 the Singapore Court of Appeal dismissed Credit Suisse Trust’s jurisdiction challenge, bringing an end to a long-running jurisdiction battle.
Click here to view the most recent judgment.
ITG Limited v Glennalla Properties Limited:
John Machell QC acts for the appellants in ITG Limited v Glennalla Properties Limited in an appeal to the Privy Council. The case concerns issues relating to the insolvency of trusts including the priority between the indemnity claims of successive trustees, and between trustees and outside creditors.
Skobelev:
Philip Jones QC has been acting in the BVI in numerous applications in the Skobelev case in which a Russian national has sought to recover money and assets stolen from him by a former employee and her husband.
St Johns Trust Company (PUT) Ltd v Medlands (PTC) Ltd:
John Machell QC and Dan McCourt Fritz act for one of the respondents to an appeal in St Johns Trust Company (PUT) Ltd v Medlands (PTC) Ltd. The appeal concerned various orders made by the Court exercising its supervisory jurisdiction in relation to trusts. The appeal was heard by the Bermudian Court of Appeal in January 2020.
B v B:
In B v B, Emma Hargreaves and Gregor Hogan act for the wife in divorce proceedings involving Portuguese property held in a Cypriot trust. The case involves complex questions of jurisdiction and trusts law, and is expected to be one of the first decisions considering the Privy Council’s decision in Webb v Webb. Judgment is expected in early 2021.
Geneva Trust Company (GTC) SA v IDF & Anr (Re Stingray Trust) (judgment 21/12/20):
Dakis Hagen QC appeared for the first defendant in Geneva Trust Company (GTC) SA v IDF & Anr (21/12/2020) FSD 248 OF 2017 (IKJ) in her successful application for a stay of a claim in the Cayman Islands seeking declarations as to the validity of a Cayman Islands trust which trust was already being impugned by her in ongoing litigation in Italy. The application was met in part by the argument that the Cayman court had an exclusive statutory jurisdiction to determine such matters under s. 90 of the Cayman Trusts Law (which, it was said, in that context abrogated the power to stay on grounds of forum non conveniens); the court noted that such had been the orthodox view historically based on authorities stretching back 20 years.
However, having conducted a full survey of the case law, Kawaley J found that on analysis no authority was binding or persuasive as to the presence of such a statutory exclusive jurisdiction, nor was such the proper reading of the statute, and on the facts ordered a stay of the Cayman claim. The case is also important more widely for its commentary on the scope of jurisdiction clauses in trust instruments in the wake of Crociani.
Dakis Hagen QC appearing with Rachael Reynolds and Deborah Barker Roye (both of Ogier) represented the successful applicant.
The full judgment is accessible here.
Lucas v Gatward [2020] EWHC 3040 (Ch):
Constance McDonnell QC successfully resisted the adjournment of a trial sought for Covid-related reasons in Lucas v Gatward [2020] EWHC 3040 (Ch). The widely reported case about ownership of a family home settled shortly before the trial due to commence in November 2020.
Please click here to view the judgment.
Glover v Barker [2020] EWCA Civ 1112:
In a decision of general importance for all civil litigators, the Court of Appeal confirmed the extent of the personal liability of a litigation friend for adverse costs. The litigation friend was unsuccessful in the litigation, but was not liable for the successful parties’ costs. The Court was exercising a discretion and had to have regard to the particular circumstances. A claimant’s litigation friend should ordinarily bear the costs of successful defendants. However, lack of success would not of itself generally make it just to make an adverse costs order against a defendant's litigation friend. Factors which might justify such an order included bad faith, improper or unreasonable behaviour and prospect of personal benefit. The Court of Appeal allowed an appeal from Morgan J’s decision.
Constance McDonnell QC acted for the Third Respondent.
Please click here to view the judgment.
Schwartz v VGV (UK) Ltd, Vivanco and Ors [2020] EWHC 2227 (Ch):
James Weale acted for the successful applicant in a committal application against the managing partner of an international law firm in Schwartz v VGV (UK) Ltd, Vivanco and Ors [2020] EWHC 2227 (Ch). Following a 5-day trial, Roth J found that Clemente Vivanco had been complicit in forging trust documents and, in breach of a court order, had failed to produce an original electronic version of one such document. At a subsequent sentencing hearing, the Court imposed an immediate custodial sentence of 4 months [2020] EWHC 3500 (Ch).
Please click here to view the judgment.
Cowan v Foreman [2019] EWHC 349:
In Cowan v Foreman, Richard Wilson QC and Gregor Hogan acted for the trustee-executors in this high-profile Inheritance (Provision for Family and Dependants) Act 1975 litigation, which was brought to a successful settlement in Spring 2020.
Please click here to view the judgment.
Ivanishvili v Credit Suisse Trust [2020] SGCA 62:
The Singapore Court of Appeal has dismissed Credit Suisse Trust’s jurisdiction challenge in breach of trust proceedings brought by the beneficiaries of a Singapore Trust, bringing an end to a long-running jurisdiction battle. The Court allowed the Claimants’ appeal on the grounds that Singapore was the most appropriate forum to determine the breach of trust claims against the trustee, and laid down important guidance as to the effect of forum for administration clauses in trust deeds. The Court of Appeal held that the forum for administration clause in the trust deed functioned as a jurisdiction clause, but that it did not govern all proceedings: it designated the jurisdiction that had supervisory jurisdiction over the trust, rather than dictating the venue for the resolution of contentious disputes. Jonathan Adkin QC and Sophie Holcombe act for the Claimants, instructed by Signature Litigation LLP, together with Drew & Napier (Singapore). The full Judgment can be found here.
Phoenix v Phoenix [2020] EWHC 1409 (Ch):
Jonathan Fowles acted for the successful claimant in a claim to enforce a testamentary option. The case involved arguments about the construction of a will and whether in the circumstances all executors needed to be individually served with the relevant option notice. The case is also notable for its approach to an award of statutory interest.
The Deputy Master commented in his judgment that: “The skeleton arguments of both counsel were especially clear and helpful, and oral submissions focused and succinct.”
Please click here to view the judgment.
Sofer v SwissIndependent Trustees [2019] EWHC 2071:
In Sofer v SwissIndependent Trustees SA [2020] EWCA Civ 699, Richard Wilson QC and James Weale acted for the respondent in an appeal against an order striking out the claimant’s pleading on the basis that it did not properly particularise a claim in fraud. The Court of Appeal gave important guidance on the pleading requirements of fraud in the context of a dispute against a professional trustee.
Please click here to view the judgment.
AF v SF [2019] EWHC 1224 (Fam):
In AF v SF [2019] EWHC 1224 (Fam) Dakis Hagen QC and James Weale acted for a respondent husband who lacked capacity in relation to a substantial financial remedy claim against a suite of ancient and dynastic trusts.
Re Scherbakov:
Dakis Hagen QC and Emma Hargreaves continue to act for the adult children of a late Russian businessman in Re Scherbakov, deceased, a cross border dispute concerning the succession to his very substantial worldwide estate and related proceedings concerning the beneficial ownership of very valuable shares in a BVI company. Dakis and Emma recently succeeded in obtaining an order for joint case management of the two English claims, notwithstanding opposition from the claimants. Giles Richardson acts for the deceased’s former wife and Richard Wilson QC and Oliver Jones act for the interim administrators.
HSBC International Trustee Limited v Tan Poh Lee FSD 175 of 2019 (IKJ):
Dakis Hagen QC and Emma Hargreaves advised the trustee in HSBC International Trustee Limited v Tan Poh Lee FSD 175 of 2019 (IKJ), a decision of the Cayman Court on the limits of the Cayman Islands' firewall legislation.
Hartogs v Rothschild AG [2019] EWHC 1915:
Richard Wilson QC and James Weale (acting for the Claimant and Defendant respectively) successfully set aside two multi-million-dollar trust on the ground of equitable mistake in Hartogs v Rothschild Trust AG [2019] EWHC 1915.
Re L&M Trust:
Timothy Collingwood continues to act for the Claimants in Re L&M Trust, in proceedings in the BVI seeking to set aside a trust. He appeared at the hearing of an application to obtain unredacted copies of documents held by a receiver appointed over the trust assets.
T Trusts:
In the T Trusts, Kathryn Purkis continues to advise new trustees in relation to trusteeship transfer issues arising in a network of family trusts, including in relation to an allegedly forged deed of indemnity.
ITG Ltd and Bayeux Ltd v Geneva Trust SA [2019] GRC 064:
James Brightwell acted for the Plaintiffs and Timothy Collingwood acted for the new trustees in the latest Tchenguiz instalment, ITG Ltd and Bayeux Ltd v Geneva Trust SA [2019] GRC 064, where the Guernsey Royal Court followed the decision in Re Z Trusts on the priority of trustee creditor claims and held that the assignment of a claim to the present trustees had resulted in the discharge of the debt.
In the Matter of Z [2019] EWCOP 55:
Emma Hargreaves appeared in In the Matter of Z [2019] EWCOP 55, a Court of Protection decision concerning the application of the principles of open justice and the approach to requests for disclosure to a non-party of documents from proceedings conducted in private.
Barker v Confiance [2019] EWHC 1401 (Ch):
Constance McDonnell QC appeared before Morgan J in Barker v Confiance [2019] EWHC 1401 (Ch) in which the Judge exercised his discretion so as to make a costs order against a litigation friend, and clarified the applicable law.
PTNZ v AS:
Dominic Dowley QC, Richard Wilson QC and Zahler Bryan acted for the trustee in PTNZ v AS, a Public Trustee v Cooper application concerning the restructuring of a substantial group of English trusts, in a case involving proceedings before the English and Jersey courts.
Re B:
John Machell QC and Dakis Hagen QC appeared before the Chief Justice of the Cayman Islands in Re B, a Public Trustee v Cooper application approving the restructuring of a $1bn trust. Emma Hargreaves was junior counsel to the Protection Committee.
Appleby Trust (Mauritius) Limited v Crociani [2018] JCA 136A:
Dakis Hagen QC was instructed for Appleby in Appleby Trust (Mauritius) Limited v Crociani [2018] JCA 136A, the substantive appeal in the long-running and high value Crociani litigation in Jersey. The appeal was allowed to the extent that the equitable compensation to be paid by the main appellants was substantially reduced. The judgment addressed circumstances in which a court will decline equitable compensation as a matter of discretion, even when a breach of trust is established. Stephanie Thompson has since been instructed with Dakis for Appleby in the ongoing litigation and Giles Richardson has advsed another party in related matters.
Habberfield v Habberfield [2019] EWCA Civ 890:
Judgment was handed down on Thursday 23rd May 2019 after the judge ruled in favour of the Respondent, Lucy Habberfield, in an inheritance dispute. The court heard that Lucy Habberfield had been promised that the family dairy farm would be bequeathed to her by her late father. However, following a fight with her sister, Sarah, Lucy left the family home and subsequently brought a legal claim for the farm she was promised.
Lord Justice Lewison, who sat with Lord Justice Moylan and Lady Justice Rose dismissed the appeal and acknowledged that Jane Habberfield (Appellant) will need to pay her daughter £1.1million to compensate for her devotion to the family holding. Richard Wilson QC acted for the Appellant (instructed by Wilsons Solicitors).
Dawson-Damer v. Taylor Wessing [2020] EWCA Civ 352:
Richard Wilson QC continues to act for Ashley Dawson-Damer in trust litigation in three jurisdictions. In England, he appeared in Dawson-Damer v Taylor Wessing [2020] EWCA Civ 352 & [2019] EWHC 1258 (Ch) the leading case on obtaining trust documents by way of subject access requests under data protection legislation. In Dawson-Damer v Lyndhurst [2019] SC (Bda) 8 Richard obtained an injunction from the Bermudian Court preserving trust funds pending the determination of the Bahamian break of trust proceedings.
Please click here to view the recent judgment.
Bhusate v Patel [2019] EWHC 470 (Ch):
Richard Wilson QC appeared in one of the most high-profile claims under the Inheritance Act: Bhusate v Patel [2019] EWHC 470 (Ch), which involved permission to bring a claim out of time.
Please click here to view the judgment.
Lehtimaki v Children’s Investment Fund Foundation [2018] EWCA Civ 1605.:
Will Henderson acted for the independant trustees in the potentially game-changing case of Lehtimaki v Children’s Investment Fund Foundation [2018] EWCA Civ 1605. The Court of Appeal held that, at least where they were few in number, members of charitable companies owed fiduciary duties to the charity and could not vote in their decisions unless they had acted or were threatening to act improperly. At the time of writing there is an outstanding application for permission to appeal to the Supreme Court.
Please click here to view the judgment.
Illot v The Blue Cross [2017] UKSC 17:
Constance McDonnell QC was a junior counsel for the respondant in Illot v The Blue Cross [2017] UKSC 17, a landmark case in the Supreme Court and the first claim under the Inheritance (Provision for Family and Dependants) Act 1975 ever to be considered at that level. 7 Justices of the Supreme Court considered the criteria to be assessed in such claims, and their judgment in March 2017 attracted widespread national press headlines.
Please click here for the judgment.
Khan v Gany Holdings [2018] UKPC 21:
Alan Boyle QC, Richard Wilson QC, and Zahler Bryan appeared for the successful respondents in this case involving allegations that a trustee had wrongfully failed to account for trust assets worth $100m and that an appointment by trustees should be set aside.
Please click here to view the judgment.
Ubbi v Ubbi [2018] W.T.L.R 1039:
James Weale acted for the defendant in Ubbi v Ubbi [2018] W.T.L.R 1039 an Inheritance Act Claim which was the subject of a week-long trial in the High Court. The judgment is the first decision in recent years to have considered the principles applicable to claim brought by minor children of the deceased.
Please click here to view the judgment.
Gupta v Gupta [2018] EWHC 1353 (Ch):
Constance McDonnell QC appeared in May 2018 against James Weale in Gupta v Gupta [2018] EWHC 1353 (Ch) a contentious probate dispute in which her client propounded a will made by his Indian mother. The deputy Judge considered detailed evidence and arguments about the testatrix's ability to read and understand English, and concluded that the will was vaild.
Please click here to view the judgment.
Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd [2018] UKPC 7:
Kathryn Purkis and James Brightwell obtained judgment in and undertook the costs arguments in respect of the Privy Council decision of Investec Trust (Guernsey) Ltd v Glanalla Properties Ltd [2018] UKPC 7. This case confirmed (amongst other things) that the private international law status of trustees (at least of Channel Island trusts), and that notwithstanding the Jersey legislation, a creditor must nonetheless access trust funds by being subrogated to the trustee's indemnity from the fund.
Please click here to view the judgment.
Hagen v Hagen [2017]:
In Hagen v Hagen [2017], Dakis Hagen QC and Charlotte Beynon acted for the respondent husband in the substantial and much publicised divorce involving the family behind Viking River Cruises, in financial remedy proceedings in the High Court. Alan Boyle QC, Nicholas Harrison and Jonathan McDonagh acted for the daughter and Emma Hargreaves appeared unled for another respondent in these proceedings. Jonathan Adkin QC and Adil Mohamedbhai had appeared for a corporate party at an earlier stage of the litigation. The case settled confidentially mid-trial.
A v A; A v Line Trust Corporation Corporation & Ors (2017/CACIV/01):
In A v A; A v Line Trust Corporation Corporation & Ors (2017/CACIV/01) (Gibraltrar), Dakis Hagen QC, Jonathan Harris QC (Hon.) and James Weale represented the applicant and Richard Wilson QC represented the respondent husband in one of highest value divorce cases in recent years. The dispute involved two complex overseas trust structures and generated six claims in three different jurisdictions (England, Gibraltar and the Cayman Islands). The proceedings in Gibraltar concerned the court’s jurisdiction to determine matters relating to the validity of actions taken by the trustee of a Gibraltar trust when those issues had been raised in English matrimonial proceedings and gave rise to complex issues of private international law.
Please click here to view the judgment.
LWR Nominees v Aziz (24/11/2017 Gibraltar), also part of the above litigation, was a successful application for a stay of a claim for a declaration of non-enforceability in Gibraltar of future judgments in English proceedings. Dakis Hagen QC appeared alongside Jonathan Harris QC (Hon.).
AF v MF & Ors [2016] EWFC 65:
Emma Hargreaves acted as Chancery counsel for the husband in financial remedy proceedings before Moor J, involving an offshore foundation and issues of "nuptial settlements", in which the wife alleged the husband was worth over £95 million but was awarded around £2 million following trial. Jonathan McDonagh acted for the Husband's father.
Please click here to view the judgment.
Grupa Ozarow v Clean Energy Trading CL:
Professor Jonathan Harris QC (Hon.) and Sophie Holcombe acted for the defendant company trading in Carbon Credits in successfully discharging an ex parte injunction obtained in support of Polish proceedings on the basis, inter alia, that the relevant EU jurisdiction rules were arguably infringed.
Please click here for the judgment.
Barker v Baxendale Walker [2018] 1 WLR 1905:
The appeal in Barker v Baxendale Walker, a professional negligence action concerning a fiscally ineffective employee benefit trust was heard by the Court of Appeal in October. The judgment is likely to provide clarity on the meaning of section 28(4) of the Inheritance Tax Act 1984. Dakis Hagen QC was among the counsel who appeared for the appellant and was assisted by Oliver Jones and Eleni Dinenis.
Please click here for the judgment.
SerleShare:
'Important Judgment on Joint Interest Privilege in Wang v Grand View Private Trust Company Limited (Civil Appeal No.1 of 2021)' article by Richard Wilson KC, James Weale & Charlotte Beynon
'Creditor v beneficiary: enforcement actions against interests under Jersey trusts' article by Kathryn Purkis
'Judgment in Bidzina Ivanishvili v Credit Suisse Life (Bermuda) [2020] CA (Bda) 13 Civ' article by Sophie Holcombe
'Glover v Barker [2020] EWCA Civ 1112' article by Constance McDonnell KC
ePrivateClient:
'UAE shakes up expat inheritance laws' - comments from Sophia Hurst
International Advisor:
'Major overhaul of UAE inheritance and divorce laws unveiled' - comments from Sophia Hurst
New Law Journal:
'Estate planning: Liability matters' - Article by Jennifer Haywood
BBC Radio London:
'MoJ changes to Will executions', 21 July 2020
New Law Journal:
'Derivative claims by beneficiaries and the interplay with Beddoe applications by personal representatives', by Constance McDonnell KC
STEP Journal:
'Wills at a Distance' article by Constance McDonnell KC
Daily Express:
'DIY Danger in COVID's costly battle of wills', comments by Constance McDonnell KC
BBC Radio London:
The Daily Telegraph:
'Demand for wills surges following Covid-19 reality check' comments by Richard Wilson KC
Solicitors Journal :
'A whole new world' article by Richard Wilson KC
Welcome to SerleShare
SerleShare is an up-to-date digital marketing initiative that came to life in July 2020 when our Business Development and... Read More
Klein v Cripps Trust Corporation [2025] EWHC 688 (Fam)
The recent decision in Klein v Cripps Trust Corporation [2025] EWHC 688 (Fam) illustrates the broad discretion the court has under the... Read More
"a definite go-to chambers for contentious trust work"
Welcome to SerleShare
SerleShare is an up-to-date digital marketing initiative that came to life in July 2020 when our Business Development and... Read More
Klein v Cripps Trust Corporation [2025] EWHC 688 (Fam)
The recent decision in Klein v Cripps Trust Corporation [2025] EWHC 688 (Fam) illustrates the broad discretion the court has under the... Read More
