London

Supreme Court considers limitation defence where directors have benefited from breach of fiduciary duty

The UK Supreme Court has recently considered section 21(3) of the Limitation Act 1980 which provides or a six-year limitation period for actions by a beneficiary to recover trust property or in respect of any breach of trust (other than … Continue reading

Leave a Comment

Filed under Fiduciaries, London, Trust disputes

UK Supreme Court considers test for dishonesty in criminal cases

The Supreme Court of England and Wales in its recent decision in Ivey v Genting Casinos [2017] UKSC 67 (“Ivey“) took the opportunity to reassess the approach in criminal cases to determining whether a defendant has acted dishonestly. The Supreme … Continue reading

Leave a Comment

Filed under London, Uncategorized

London High Court considers trustee decision-making processes

The High Court of England and Wales has provided useful guidance for trustees generally as to the scope of their powers and the manner in which they may properly go about their decision-making processes. These issues arose in connection with … Continue reading

Leave a Comment

Filed under London, Trust disputes

Ilott v The Blue Cross and others – testamentary freedom and financial provision for family members around the common law world

On 25 April 2017 Richard Norridge, Joanna Caen and Gareth Keillor delivered a webinar on the state of the law relating to testamentary freedom and financial provision for family members following the landmark English Supreme Court decision in Ilott v … Continue reading

Leave a Comment

Filed under Australia, Estates disputes, Hong Kong and Singapore, London, Private wealth and trusts

Court resolves dispute between parties as to who should hold the power to appoint trustees following settlor’s death

The English High Court has recently approved an application to change the provision of a trust deed relating to the appointment of new trustees.[1] The change was necessary because the original power was reserved exclusively for the settlor, who had … Continue reading

Leave a Comment

Filed under London, Private wealth and trusts

Wills interpreted according to their ordinary and natural meaning despite this not reflecting testators’ intention

The English High Court has recently held that, in a case concerning construction of Wills, the ordinary and natural meaning of survivorship clauses should be given effect to.[1] This operated to mean that certain beneficiaries under the Wills of a … Continue reading

Leave a Comment

Filed under Estates disputes, London

Solicitor fined by SRA for drawing deceased client’s funds

A former partner of a Leeds law firm agreed a fine with the English Solicitors Regulation Authority (the "SRA") after he used expired Powers of Attorney to withdraw funds from a client's bank account, in order to fund the purchase … Continue reading

Leave a Comment

Filed under Fiduciaries, London

Failure to comply with freezing orders leads to prison

In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev [2016] EWHC 248 & 258 Ch (sentence) and [2016] EWHC 192 (Ch) (liability), the English High Court sentenced Russian businessman Sergei Pugachev to two years in prison for contempt of court. … Continue reading

Leave a Comment

Filed under Hong Kong and Singapore, London

London High Court defends a trustee’s right protection from costs

In Felicity Mary Mackley Blades v Richard Auberon Isaac and Christopher Allen Alexander [2016] EWHC 601 (Ch), a decision on costs handed down in March 2016, the English High Court agreed with the argument of the trustee defendants that where the trustees … Continue reading

Leave a Comment

Filed under Costs, London, Trust disputes

Herbert Smith Freehills publishes final White Paper – “Trusts – Where are we now?”

Herbert Smith Freehills has published the final 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

Leave a Comment

Filed under London, Offshore, Private wealth and trusts, Uncategorized