Chambers UK 2021

Silks

Alan Boyle QC: "Has vast experience and produces clear and authoritative advocacy. He really is impressive."            

Elizabeth Jones QC: "A tough, no-nonsense advocate who applies herself to the case robustly."

Richard Wilson QC: "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 QC: "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: "Excellent tactically and very astute." "He has incredible expertise."

Legal 500 2021

The barristers at Serle Court are ‘universally high quality from bottom to top. It is striking how well they work together as a cohesive team and they really care about their clients. They fight cases with real tenacity but without taking bad points.’ All the barristers are ‘incredibly capable in this area – you really can’t go wrong using this set.

Silks

Alan Boyle QC: "A principled and determined advocate who is willing to stick his neck out for a client facing a difficult situation. Thorough and diligent. Not easily put off course by the skill of an opposing advocate."

Elizabeth Jones QC: "A vastly experienced silk."

Dominic Dowley QC: "Extremely hardworking."

Philip Jones QC: "He is experienced in offshore trusts."

John Machell QC: "Very commercial and pragmatic."

David Blayney QC: "A very smart silk."

Jonathan Adkin QC: "Immensely accurate advice and advocacy."

Richard Wilson QC: "Is very determined, has a good memory and is an impressive advocate."

Prof Jonathan Harris QC (Hon.): "An incredibly clever lawyer - at home dealing with the academic and technical end of the legal spectrum."

Constance McDonnell QC: "Is an incredibly measured and astute litigator and is never ruffled and supremely cool under pressure. She is also steely and hugely determined to do the best for her clients."

Juniors

Andrew Francis: "A highly regarded junior."

William Henderson: "Has an eagle eye for key details that can make all the difference in a tricky case."

Giles Richardson: "A silk in all but name - he is so clever and his tactics are fantastic. He is exceptionally knowledgeable in all aspects of trusts and estates disputes particularly in the matrimonial context."

James Brightwell: "Is one of the top senior juniors at the Chancery Bar - he is incredibly sharp and the quality of his work and advice is top notch. Clients love him."

Jonathan Fowles: "Hugely bright and superb attention to detail."

James Weale: "Has great attention to detail and is able to advise quickly and confidently."

Adil Mohamedbhai: "Has a brilliant strategic and legal mind, and gels wonderfully with the large and complicated teams formed to fight massive trust cases. He has a peerless understanding of trust law and will be a star of the future in this field."

Emma Hargreaves: "Emma is one to watch. Her incredible tactical nous and technical ability belie the fact that she is still relatively junior. She is meticulous in her approach and provides clear advice."

Top 10 SerleShare Updates 2020:

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. 

Bidzina Ivanishvili v Credit Suisse Life (Bermuda) [2020] CA (Bda) 13 Civ:

The Bermuda Court of Appeal (Sir Christopher Clarke, Gloster and Smellie J) has dismissed Credit Suisse Life’s appeal against wide ranging disclosure orders (save for a short separate point on waiver of privilege) granted by Hargun CJ in February 2020.

The proceedings involve claims against Credit Suisse Life for losses caused to two unit-linked life insurance policies in which the claimants invested USD755m. The claimants contend that the losses were caused by fraud and mismanagement of the policy assets, and have brought proceedings against Credit Suisse Life for breach of duty.

Against the backdrop of the unsatisfactory disclosure given by Credit Suisse Life, Hargun CJ ordered Credit Suisse Life to provide detailed information about its disclosure process. Credit Suisse Life appealed, arguing that the Bermuda court had no power to make such orders. The Court of Appeal held that the Bermuda court had an inherent power to introduce procedural innovations in the interests of justice, and in doing so set a new precedent for discovery orders under Bermuda law (Judgment [2020] CA (Bda) 13 Civ).

Sophie Holcombe acts for the Claimants, instructed by Signature Litigation LLP, together with Hurrion & Associates. 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.

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. 

Moutreuil v Andreewitch (Contempt: No.2) [2020] EWHC 1301 (Fam):

James Weale appeared for the successful claimant in an application to commit the respondent for systematic breaches of a freezing order in the context of a dispute as to the ownership of shares. The Court rejected the respondent’s contention that the payment of solicitors fees related to company expenditure on the basis that, among other matters, the same solicitors could not have acted for the company as well as the respondent in a personal capacity in view of the conflict of interest which would arise. 

Please click here to view the judgments.

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, a cross border dispute concerning the succession to his very substantial worldwide estate. Giles Richardson acts for the deceased's former wife and Richard Wilson QC acts 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.

Sofer v SwissIndependent Trustees [2019] EWHC 2071:

Richard Wilson QC and James Weale had a $20 million claim in fraud struck out in Sofer v SwissIndependent Trustees [2019] EWHC 2071. The Court gave important guidance on the nature nature and scope of trustee exemption clauses and the requirements of pleading fraud against a professional trustee. 

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:

Richard Wilson QC and Zahler Bryan acted for the trustee in PTNZ v AS a Public Trrustee v Cooper application concerning the restructuring if an English trust, and John Machell QC and Zahler Bryan acted for the trustee in the same case seeking an injunction regarding the validity of the appointment of a protector. 

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.

Wong v Grand View Private Trust Company Ltd:

Dakis Hagen QC and Emma Hargreaves act for the Plaintiffs, and Jonathan Adkin QC and Adil Mohamedbhai act for the Defendant trustee in Wong v Grand View Private Trust Company Ltd, a claim to recover substantial trust property transferred to a trustee of a purpose trust. The Plaintiffs successfully obtained summary judgment 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 the judgment of the Bermuda Court of Appeal on that issue is awaited. Richard Wilson QC and James Weale act for an intervenor in the appeal.

Andreewitch v Moutreuil [2020] 4 W.L.R. 54; [2020] EWCA Civ 382:

James Weale appeared for the respondent to an appeal against a committal order. The Court of Appeal gave important guidance as to conduct of contempt applications in its judgment handed down on 17 March 2020 [2020] 4 W.L.R. 54. Notwithstanding the absence of any provision in the CPR or FPR, the Court held that a judge was under a duty to advise the contemnor expressly of the right to silence at the outset of a hearing and that a failure to do so would render the hearing procedurally unfair. Following a re-hearing (in which James appeared for the successful claimant) the defendant was committed by Mr Justice Cobb [2020] EWHC 1301 (Fam).

Please click here to view the judgment.

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. 

A v A; A v Line Trust Corporation Corporation & Ors (2017/CACIV/01):

Richard Wilson QC, Prof Jonathan Harris QC (Hon.) and James Weale appeared in the Gibraltar Supreme Court and Court of Appeal for various parties in Line Trust Corporation v W & Ors, in which a trustee applied for declarations as to the validity of deeds excluding beneficiaries from benefit under a trust. The former beneficiary sought to challenge the validity of the deeds of exclusion in English matrimonial proceedings and asserted that the Gibraltar Court did not have jurisdiction to hear the trustee's application. 

Please click here to view the judgment. 

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.

Cowan v Foreman [2019] EWHC 349:

Richard Wilson QC appeared in one of the most high-profile claims under the Inheritance Act: Cowan v Foreman [2019] EWHC 349, which involved permission to bring a claim out of time.

Please click here to view the 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:

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:

In July 2017 the widely reported financial remedy proceedings in the Hagen v Hagen divorce reached the High Court. The case (which settled mid-trial and remains subject to reporting restrictions) involved the family behind Viking River Cruises. Dakis Hagen QC and Charlotte Beynon acted for the husband, Alan Boyle QC and Nicholas Harrison represented the adult daughter, and Emma Hargreaves appeared for another interested party. Jonathan Adkin QC and Adil Mohamedbhai had appeared for a corporate party at an earlier stage of the litigation.

A v D [2017] EWCOP 8:

Will Henderson appeared in A v D [2017] EWCOP 8 which addressed the relationship between the compromise in the Chancery Division and the Court of Protection's jurisdiction to order the making of a statutory will giving effect to that compromise. 

Please click here for the judgment. 

Moreno de la Hilja v Lee [2017] EWHC 634 (Ch):

In Moreno de la Hilja v Lee [2017] EWHC 634 (Ch) Jonathan Fowles, led by Jessica Simor QC of Matrix Chambers, acted for the widow and estate of the famous late actor, Sir Christopher Lee, in successfully resisting the lifting of a stay of the enforcement of a European Enforcement Order in respect of a judgment being challenged in the Spanish courts.

Please click here to view the judgment.

Henchley v Thompson [2017] EWHC 225 (Ch):

Richard Wilson QC and James Weale appeared in the High Court for the successful claimants in Henchley v Thompson, which raised interesting questions about whether a trustee owed an absolute duty to provide accounts and the form that a trustee's account should take.

Please click here to view the judgment

RBC Trustees (CI) Limited v Stubbs [2017] EWHC 180 (Ch)::

Constance McDonnell QC acted for the settlor of a trust in RBC Trustees (CI) Ltd v Stubbs [2017] EWHC 180 (Ch): and presented opposing arguments in an otherwise consensual application by trustees for rectification or rescission of a deed of revocation and new appointment. Richard Wilson QC acted for the claimant. 

Please click here to view the judgment. 

AAZ v BBZ [2016] EWHC 3361 (Fam):

Dakis Hagen QC was among the counsel appearing for the applicant wife in AAZ V BBZ [2016] EWCH (Fam) where Haddon-Cave J had granted the applicant the largest reported financial award on a divorce in English history (£453m). The case involved (among other things) a Bermuda trust and a network of Manx and Panamanian companies.

Please click here to view the judgment. 

AF v MF & Ors [2016] EWFC 65:

Emma Hargreaves acted for the Husband and Jonathan McDonagh acted for the Husband's father in financial remedy proceedings giving rise to issues including the extent to which a Liechtenstein foundation worth over £60m established by the Husband's father was a "resource" available to the Husband and whether the court had jurisdiction to transfer outright to the Wife certain assets owned by the foundation by way of variation of a "nuptial settlement". An anonymized judgment will be published shortly. 

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.

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 QC

STEP Journal:

'Wills at a Distance' article by Constance McDonnell QC

Daily Express:

'DIY Danger in COVID's costly battle of wills', comments by Constance McDonnell QC

BBC Radio London:

The Daily Telegraph:

'Demand for wills surges following Covid-19 reality check' comments by Richard Wilson QC

Solicitors Journal :

'A whole new world' article by Richard Wilson QC