Jurisdiction

London High Court determines jurisdiction in succession dispute

In Winkler and Another v Shamoon and Others [2016] EWHC 217, the London High Court held that it did not have jurisdiction to determine a claim to entitlement to certain shares held by a deceased Israeli businessman. In its decision, … Continue reading

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Filed under Estates disputes, Jurisdiction

London High Court re-confirms the application of the law on domicile in claim under the Inheritance (Provision for Family and Dependants) Act 1975

In the recent case of Kebbeh v Farmer [2015] EWHC 3827, the English High Court applied established principles of domicile in relation to claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 ("the 1975 Act") … Continue reading

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Filed under Estates disputes, Jurisdiction, London

Herbert Smith Freehills publishes second White Paper: “Creditors and Jurisdictions – Choose wisely”

Herbert Smith Freehills has published the second of our white papers in the run-up to the Transcontinental Trusts: International Forum 2016, taking place in Bermuda on 9 & 10 May 2016. Herbert Smith Freehills is the Thought Leadership partner to the … Continue reading

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Filed under Hong Kong and Singapore, Insolvency, Jurisdiction, Private wealth and trusts

Hong Kong Court of Final Appeal clarifies the law in respect of shareholders’ petitions to wind up foreign companies on just and equitable grounds

In its landmark decision of Kam Leung Sui Kwan v Kam Kwan Lai & Ors FACV 4/2015, issued yesterday, the Court of Final Appeal has brought some closure to the long running Yung Kee restaurant matter by making a winding … Continue reading

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Filed under Hong Kong and Singapore, Insolvency, Jurisdiction, Private wealth and trusts

Privy Council deals with Jurisdictional Clauses in Trusts

Crociani & O’rs v Crociani & O’rs & Camilla de Bourbon des deux Siciles [2014] UKPC 40 Background The case arose from proceedings commenced in Jersey in January 2013 concerning alleged breaches of a trust which was created in 1987 … Continue reading

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Filed under Jurisdiction, Private wealth and trusts