In our penultimate article in our countdown of the most significant risk and compliance issues faced by trust companies, anti-money laundering (AML) is considered the second most significant challenge. Background Money laundering and terrorist financing risk has been a key area of focus for regulators across the globe for some years – and this trend … Read more

Cyber security in focus

Our survey shows that trust companies consider cyber attack to be one of the greatest challenges they face. The results show that trustees consider phishing, impersonation and malware to be the main cyber security risks they face. Some 33% of respondents said they saw phishing as the main risk whilst 22% identified impersonation as a … 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