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Area of Law: Private Client Trusts and Probate
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.
Read MoreArea of Law: International and Offshore
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.
Read MoreArea of Law: International and Offshore
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.
Read MoreArea of Law: Private Client Trusts and Probate
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.
Read MoreArea of Law: Court of Protection
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.
Read MoreArea of Law: Private Client Trusts and Probate
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.
Read MoreArea of Law: International and Offshore
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.
Read MoreArea of Law: International and Offshore
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.
Read MoreArea of Law: Tax
In The Union Castle Steamship Company Ltd v HMRC [2020] EWCA Civ 547 a case concerning the use of derivative contract rules to engineer tax deductible losses exceeding £100m, the Court of Appeal clarified the meaning of ‘loss’ and ‘arising from’ and the nature of the ‘fairly represents’ test in that context. The earlier decision of the Upper Tribunal also extended the application of transfer pricing rules to certain shareholder transactions (bonus share issues). Ruth Jordan acted for HMRC.
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