Serle Court publishes its 27th edition of SerleSpeak
We are delighted to introduce the 27th edition of SerleSpeak on the law of trusts. In this edition, our barristers present five articles exploring different trusts law areas, of trust law, which are set out below.
In Constance McDonnell QC’s lead article, she examines the position of adopted and illegitimate children under trusts which predate modernising legislation enacted to give them equal status with other children.
Kathryn Purkis argues that the Jersey Royal Court was wrong to hold that a remedy of enforcement could not be granted against beneficial interests under discretionary trusts. The content from this article was also presented as a #SerleShare format in March 2021.
James Weale considers the willingness of the English courts to use the doctrine of resulting trust to defeat judgment debtors’ attempts to hide behind the corporate veil.
Zahler Bryan then discusses the effects on the law of trusts and fiduciaries of the Supreme Court’s decision in the charities case of Children’s Investment Fund Foundation.
And finally, Max Marenbon addresses the question of when to seek an order for cross-examination of witnesses on applications to remove trustees.
We hope you enjoy reading this edition of serlespeak.
Please contact our Business Development team if you have any comments/suggestions for future topics. We do value your feedback.
Related Barristers
Constance McDonnell KC
Call: 2000
Silk: 2019
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.
James Weale KC
Call: 2007
Silk: 2026
Zahler Bryan has a broad commercial chancery practice, with a particular emphasis on contentious trusts, civil fraud and financial disputes.
She regularly advises on a wide range of matters, with considerable experience in large-scale commercial and trust disputes spanning an extensive range of jurisdictions.
Zahler also has a particular interest in appellate work and has appeared in the Supreme Court and the Privy Council.
Described as “razor smart and a great asset to any team“, Zahler was awarded ‘Chancery Junior of the Year’ at the Legal 500 UK Bar Awards 2023.
Zahler Bryan
Call: 2012
Max Marenbon is a commercial chancery barrister specialising in civil fraud, company and insolvency disputes. He is recognised by the Legal 500 directory as a ‘Leading Junior’ at the London Bar and a ‘Rising Star’ in the Middle East.
Max has appeared as sole counsel in significant cases, including a leading authority on the English courts’ jurisdiction to grant worldwide freezing orders against third parties. He has assisted with cases at all appellate levels. His Middle East practice is centred on the courts of the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM).
He is interested in how the law treats new ways of doing business, has experience of cryptocurrency-related litigation, and is growing a practice in artificial intelligence litigation. He has acted as sole advocate in AI-related cases in the UK and Middle East, including the leading ADGM authority on the use of AI-generated documents in litigation.
Appointed to the UK Attorney General’s Panel of Junior Counsel to the Crown in 2024, Max previously qualified as a solicitor at a leading City firm and served as judicial assistant to Lord Wilson at the UK Supreme Court.
Max Marenbon
Call: 2020
