Sparsh Garg

In a very short space of time Sparsh has built up considerable experience in the offshore and international field. A rarity for someone of his call, Sparsh is also regularly instructed as sole counsel on offshore matters.

Sparsh is also regularly instructed on commercial disputes in both the UAE and Oman (see the Commercial Litigation section above for further information).

Recent Cases

• Acting (as sole counsel) for a successful trustee in a claim before the Supreme Court of Gibraltar to vary the terms of the trust, and approve a momentous decision.
• Advising (as sole counsel) a successful trustee in a claim before the Supreme Court of Gibraltar on the proper interpretation of a deed of trust, and the meaning of the term “excluded person”.
• Acting (as sole counsel) for beneficiaries of a Gibraltar will trust regarding the transfer of assets under the Saunders v Vautier principles and identification of beneficial ownership.
• Acting (with Lewis Baglietto KC and Moshe Levy) on a claim before the Supreme Court of Gibraltar for breach of directors’ duties arising out of the directors’ failure to monitor and redeem the companies’ investments in failing Cayman mutual investment funds. The claim involves (amongst others) the duties of de facto and shadow directors under BVI law.
• Church Lane Trustees Limited v Bunyan [2021] GSC 28 – Acting (with Lewis Baglietto KC) for the successful trustee before the Supreme Court of Gibraltar. This was a claim for the Court’s approval of the Trustee’s decision to make a final distribution of the Trust’s assets, and the Trustee’s final accounts. The case also involved the Court’s approach to the interpretation of a settlor’s letter of wishes, and the extent to which a trustee may hold a beneficiary responsible for the costs of historic litigation.
• O Trustee v Q Claim No. BVIHCM 2020/0116 – Acting (with Elspeth Talbot Rice KC) before the Eastern Caribbean Supreme Court for the successful applicant in her application to be appointed the “next friend” of the trusts’ minor beneficiaries, and to generally represent the minor beneficiaries in matters concerning the trustees’ proposals. The case involved novel issues such as the circumstances in which a Court may recognise a foreign parentage/guardianship order.
• Chu v Lau [2020] 1 WLR 4656 – Acting (with Philip Jones KC and Daniel Warents) for the successful appellant before the Privy Council, a leading case on just and equitable winding up orders on appeal from the Eastern Caribbean Court of Appeal.
• Advising (with Andrew Holden) a Guernsey trustee on a successful claim for Beddoe relief.
• Assisting (with Andrew Holden) in a claim to remove a PTC as trustee of two Bahamian trusts.
• Advising (with Andrew Holden) a Gibraltar trustee on a claim for breach of trust by the beneficiaries arising out of foreign tax liabilities.
• Public Trustee v Cooper – Assisting a Gibraltar trustee in a application in relation to a compromise agreement between the primary beneficiaries.
• Being instructed as part of a large Counsel team on a dispute arising out of investments made through an insurance wrapper.