Private Wealth and Trust Disputes Notes

ZHANG HONG LI V DBS BANK - PART 2 – DETAILED ANALYSIS OF THE MUCH AWAITED COURT OF FINAL APPEAL DECISION HANDED DOWN (DETAILED ANALYSIS)

Following on from our earlier blog posting where we reported on the background of Zhang Hong Li v DBS Bank and others and the Hong Kong Court of Final …

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 …

Zhang Hong Li v DBS Bank - Much awaited Hong Kong Court of Final Appeal decision on anti-Bartlett clauses handed down

Earlier today, the Hong Kong Court of Final Appeal handed down judgment in Zhang Hong Li v DBS Bank and others a case which has been the cause of …

Hong Kong courts clarify legal rules surrounding suitability and capacity of next friends

The Supreme Court of Bermuda considers whether to exercise its inherent jurisdiction to intervene in the administration of a trust and confirm the actions of trustees which had been invalidly appointed

Director of private trust company held personally liable for costs in trust dispute

In Guest v Guest & Ors [2019] NZCA 64, the New Zealand Court of Appeal (overturning a first instance decision) held that the appellant's costs should …

Two recent cases on Beddoe relief: What happens if you forget to apply and Beddoe relief for appeals

English High Court considers scope of beneficiaries right to request information from trustees

In the recent case of Lewis v Tamplin ([2018] EWHC 777 Ch) the London High Court was asked to exercise its jurisdiction to supervise trustees in the …

Cayman court rejects request to appoint receivers over a discretionary trust interest

The Grand Court of the Cayman Islands has held that a discretionary interest under a Cayman Islands law trust is not an asset over which a receiver can …

ENGLISH HIGH COURT CONSIDERS THE USE OF THE COURT'S EQUITABLE JURISDICTION TO REMEDY DEFECTIVE EXECUTION

In the recent High Court decision of English v Keats [2018] EWHC 637 (Ch), the Court confirmed that it will use its equitable jurisdiction to remedy the …

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 …

ENGLISH HIGH COURT FINDS SETTLOR RETAINED BENEFICIAL OWNERSHIP

In the latest decision in the long running Pugachev dispute, the High Court considered the effect of five trusts set up by Mr Pugachev, and whether the …