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If you start a claim in England against a party in another country, you usually need the Court’s permission to serve the claim on them. The court rules set out the bases on which you can apply for permission. This is the first step when serving a claim. The Civil Procedure Rule Committee has approved … Read more
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
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
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, the Court indicated that exclusions to the Brussels Regulation (which provides a set of rules … Read more
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“) and held that: (i) the deceased was domiciled in The Gambia at the time of … Read more
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 Forum. Our second white paper, "Creditors and Jurisdictions – Choose wisely", is available to download … Read more
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 up order against Yung Kee Holdings Limited (YKHL) with a 28-day stay to allow the … Read more
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 (the “Grand Trust”). The claims were made to recover funds and assets believed to be … Read more
