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Simon Gore Consulting Ltd

8 Upper Street, Oakley, Diss, IP21 4AX

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Trust Litigation

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 [2018] 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.

13.15 Lunch

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 [1980] 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 [2018] 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?

- Rectification

- The equitable jurisdiction

- Remedies around the world

Josh Lewison, Radcliffe and Henrietta Mason, Penningtons

5pm Questions and close.

Registration Form

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