Charity Commission applies to English High Court for permission to apply funds to pay a charity’s interim manager

In December 2019, the Charity Commission announced its intention to make an application to the High Court in relation to the residual funds held by the insolvent Dove Trust (registered charity number 287401). The application comes following the third and final distribution of the charity’s assets to creditors by the Commission-appointed interim manager and seeks … Read more

Charity Commission disqualifies charity trustees who received almost £500,000 of unauthorised payments

The Charity Commission has, pursuant to its powers under section 181A of the Charities Act 2011 (the “CA“), disqualified three former trustees of Kingdom Life Ministries (charity registration number 1109664) following a statutory inquiry which found the former trustees received unauthorised payments totalling £456,853.68 between 1 June 2013 and 13 November 2018. Read more

APAC Monthly Private Wealth Legal Developments – December 2019

Welcome to Herbert Smith Freehills’ new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal developments concerning trust and estate planning which are of interest to the private wealth industry, and provide a succinct summary in a table format. The jurisdictions covered in the update are Hong Kong, … Read more

English Court of Protection gives clarification on effectiveness of foreign representative powers

The decision of the England and Wales Court of Protection (the “COP“) in Re GED (Various Applications Concerning Foreign Representative Powers) [2019] EWCOP 52 concerned five separate applications asking the COP to make orders giving effect to foreign representative powers in England and Wales. In reviewing these application the COP stated that the approach previously … Read more

Herbert Smith Freehills launches major new trust companies survey

We have launched our annual survey to map the major risk and compliance issues facing trust companies. We are looking to identify the key trends in the industry and understand the main risks and challenges trust companies encounter, to help equip the industry with how to best tackle them. The survey takes the form of … Read more

English Court of Appeal endorses High Court approach to determining interest rate applicable to equitable compensation payment arising out of breach of fiduciary duty

In the recent decision of Watson v Kea Investments Ltd [2019] EWCA Civ 1759 the English Court of Appeal endorsed the approach taken by the High Court in determining the interest rate to be applied to an equitable compensation payment which arose out of a breach of fiduciary duty. The High Court judge had been … Read more

APAC Monthly Private Wealth Legal Developments – November 2019

Welcome to Herbert Smith Freehills’ new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal developments concerning trust and estate planning which are of interest to the private wealth industry, and provide a succinct summary in a table format.  The jurisdictions covered in the update are Hong Kong, … Read more