Judgment in Sofer v SwissIndependent Trustees [2019] EWHC 2071 (Ch)

Judgment was handed down today by the High Court in Sofer v SwissIndependent Trustees [2019] EWHC 2071 (Ch), striking out the claim for $20 million against a professional trustee. The judgment of HHJ Matthews (sitting as a Judge of the High Court) contains important guidance on: (i) the scope of trustee exoneration clauses; and (ii) the requirements which a pleading must satisfy in order to overcome such a clause.

Richard Wilson QC and James Weale (instructed by RadcliffesLeBrasseur) appeared for the defendant trustee.

James Weale will be giving a talk on trustee exoneration clauses in light of this judgment at the ACTAPS Regional Seminar on Tuesday, 8 October 2019.

Further information on this seminar will follow, but in the meantime, we ask you to 'Save the Date'.

Related Barristers

Described by The Legal 500 as “one of the stars of his generation”, Richard Wilson KC specialises in litigation, drafting and advisory work across traditional and commercial chancery. His practice focuses 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 has acted in many of the most significant and high-value cases in these areas in recent years. He is currently involved in several disputes concerning the estates of ultra-high-net-worth individuals (UHNWIs) in England and overseas.

His practice frequently involves offshore matters and private international law. He has appeared before the Privy Council, the Supreme Court and Court of Appeal of Gibraltar, the Supreme Court and Court of Appeal of Bermuda, the Supreme Court of The Bahamas, the Grand Court of the Cayman Islands, and the Eastern Caribbean Supreme Court and Court of Appeal. He has also provided expert evidence on English law before the Royal Courts of Jersey and Guernsey.

Richard regularly acts in disputes across all the principal offshore jurisdictions. A significant proportion of his practice involves international clients, particularly those based in Asia, including Hong Kong.

Richard Wilson KC

Call: 1996
Silk: 2016

James Weale KC has a very busy commercial chancery practice with a focus on domestic and international commercial and trusts disputes.

He is recognised as a leading practitioner in those fields by Chambers & Partners, Legal 500, Chambers Global, Chambers High Net Worth, and Who’s Who Legal, where they describe him as a “brilliant lawyer” and a “Superstar”. He was Chambers & Partners’ Chancery Junior of the Year in 2023.

He regularly appears (both as sole and junior counsel) in the English High Court and has appeared several times in the Court of Appeal. He also has considerable experience in overseas jurisdictions (including as sole counsel), including Bermuda, the DIFC, the BVI, Cayman, Jersey, Guernsey, Gibraltar and Panama.