5th International Trusts & Commercial Litigation Conference 2022


A warm welcome to New York, and to our 5th International Trusts and Commercial Litigation Conference, sponsored by Therium.  We are delighted to be back at the Rainbow Room at the 'Top of the Rock' after three years.

Our barristers have planned another high-calibre conference addressing the significant legal issues taxing practitioners.  You will find all of the information you require for the conference today below, by clicking on the individual panel sessions and navigating through to view the handouts and speaker biographies.

Today's conference will be followed by an evening drinks reception at Dear Irving on Hudson Rooftop from 7PM.  We look forward to seeing conference delegates there!


Conference Programme

Monday 14th November 2022

Registration and Breakfast

Welcome from the Chair

Around the world
How key jurisdictions are approaching topical issues

The panel members, whose expertise spans a number of jurisdictions, will present and discuss a number of key recent developments which are likely to have international impact.


Cross-border enforcement of judgments
Monetary recovery and committal proceedings

The panel will discuss:

  1. the impact of UK sanctions on orders for security for costs to be provided by designated persons and the use of security to satisfy adverse orders for costs;
  2. the use of committal applications to force compliance with court orders;
  3. the enforcement of money judgments against trusts and companies, and in particular the increasing use of the appointment of receivers by way of equitable execution.

Coffee and donut break

Managing large scale and group litigation

The panel will discuss the challenges of large-scale and group litigation, including issues relating to funding, management of information and teams, and emerging technology tools.


Commercial Breakout Session: ‘The Big Takeover’
A problem scenario about corporate hijackings

The Commercial Court and Chancery Division have seen a spate of fraudulent claims in the last 24 months, brought in the name of legitimate companies but by corporate “hijackers” hiding behind offshore companies. In this seminar we will work through a problem scenario and discuss the remedies that victims can obtain in such situations and the procedural challenges of dealing with them.


Trusts Breakout Session:  Z Trusts
Discussing the ramifications of the recent Privy Council judgment

A consideration of the decision of the Privy Council in the recent Equity Trust / Investec decision concerning the priority of payment of debts in an insolvent trust in circumstances where there has been a series of former trustees with unpaid liabilities, and of the factors which trustees and those dealing with them will need to consider in light of the ruling.


Lunch

Panel session: challenging fiduciary decisions

The panel aims to generate lively discussion, with contributions from the floor most welcome, on a number of aspects of fiduciary decision making. Issues will include the circumstances in which fiduciary duties come to be owed both within and outwith the trust context, including by protectors, and challenges to the exercise of fiduciary powers.


Afternoon Tea

Juniors’ Session: ‘Hidden Gems’
The most important cases you may never have heard of...

In this session, junior barristers at Serle Court will briefly discuss three ‘hidden gem’ judgments handed down in the last 12 to 18 months. Some or all may have escaped your notice, but each offers valuable insights to practitioners specialising in international trusts and/or commercial litigation

Zahler Bryan will chair this session, which will cover the following hidden gems;

  • Andrew Gurr: A new route for enforcing against exotic assets? Blight v Brewster 
  • Tim Benham-Mirando: Lakatamia Shipping Company v Su [2020] EWHC 3201 (Comm); [2021] 1 WLR 1097
  • John Eldridge: Dargamo Holdings Ltd v Avonwick Holdings Ltd [2021] EWCA Civ 1148

Panel session: Litigation in the new world order
The disputes of the future

The panel will be looking at the changing face of global litigation, are there new jurisdictions to watch out for on the horizon?  What is happening in Asia?  Will London fall back as a major litigation hub? And will there be new practice areas for litigation in the future? 


Closing remarks

Drinks Reception at Dear Irving on Hudson
310 W, 40th Street, NY

Please join us from 19.00 for drinks and canapes at Dear Irving on Hudson Rooftop Bar, 40th & 41st Floor, Aliz Hotel (Times Square), 310 W 40th St, New York, NY 10018.

The Dear Irving dress code is smart casual, where proper attire is required and elegant attire encouraged.