Simon Gore Consulting Ltd
8 Upper Street, Oakley, Diss, IP21 4AX
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6th February 2019, London
9.30am - 5pm
Register for just £165
Confirmed presenters and topics;
9.30am 2018 Cases Round Up (and ones to watch out for in the near future)
Edward Rountree, Hardwicke Chambers
10.15 Channelling benefits to non-beneficiaries and the wider issue of adding/excluding non-beneficiaries, limits and blessing applications,
- Is benefitting a non-beneficiary a fraud on a power?
- If so, what are the effects?
- Will there have been a breach of trust?
- When might it be appropriate to benefit a non-beneficiary?
- Blessing applications to amend the class of beneficiaries – relevant considerations:
- Surrender of discretion by the Trustee
- Necessary parties, including minors and unborns
James Price and Emma McCall, Stewarts
11am Morning break
11.15am R-E-S-P-E-C-T: directors of a PTC
- Risks and challenges of the use of a private trust company (PTC) in a trust structure
- What scope is there for directors of a PTC to be personally liable?
- Have dog-leg claims really been consigned to history?
-What scope is there to remove, or otherwise influence, directors of a private trust company (PTC)? In the matter of the X Trusts  SC (Bda) 56 Civ
Edward Cumming QC, XXIV Old Buildings
12.00 Firewall legislation and the extent of the jurisdiction of the English courts - a discussion.
- What is firewall legislation
- Policy considerations on implementation
- The effect - consideration of various judgments
Matthew Paton, 5 Stone Buildings
12.30 Breaches of Trust and Investment Returns
Establishing liability for a breach of trust
under Nestle principles.
- Assessing quantum in breach of trust cases involving
investment returns / losses.
- Are indices the right answer, or no answer at all?
- Assumptions and presumptions: what is a trustee
expected to do?”
Eason Rajah QC and Richard Dew, Ten Old Sq.
14.00 Anti-Bartlett provisions:
- What are they?
- How effective are they?
- How effective should they be?
This session will take a look at the trust provisions that purport to negate the effects of Bartlett v Barclays Bank plc  1 Ch 515, and at the subsequent caselaw surrounding this topic, including the very recent decision of the Hong Kong Court of Appeal in Zhang Hong Li v DBS Bank (Hong Kong) Ltd  HKCA 435.
Kathryn Purkis, Serle Court
14.40 When can a court order third parties to disclose where assets are hidden (in matrimonial proceedings) Kerman and Akhmedova (wider issue of privilege and disclosure)
Jennifer Haywood, Serle Court
15.20 Afternoon break
15.40 Trust litigation and open justice
Robert Pearce QC, Radcliffe Chambers
16.20 Trustee Mistakes and How to Fix Them
- Mistake following Pitt v. Holt
- Consequences: positive or negative?
- The equitable jurisdiction
- Remedies around the world
Josh Lewison, Radcliffe and Henrietta Mason, Penningtons
5pm Questions and close.
Registration Form - £165 to attend
3 for 2 Group Offer
6 hours CPD
We operate a paperless conference system whereby presentations are emailed to attendees before the start of the event and attendees can either bring their own devices or print out as necessary. We also offer a printed option service for just £10 per copy.
Other ways to register
Call us on 01379 740619