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BVI Court of Appeal Comment on Trustees' Duty to Account and Evidential Presumptions in Trusts
The BVI Court of Appeal has recently allowed an appeal concerning a trustee's failure to account and breach of trust.[1] The breach of trust arose as a …
Family dispute over the setting-up of a trust rejected because plaintiff consented to the trust at the time of establishment
In a recent case, the Singapore High Court has held that a plaintiff's agreement to the setting-up of a trust to protect a family's wealth (including the …
Hong Kong Court rejects case that shares were held on trust, finding that evidence adduced was inconsistent
The Hong Kong High Court has recently held that Eric Hotung had not imposed a trust in his favour when he gave HK$2,000,000 to Ho Yuen Ki in 1961 for the …
Leading Herbert Smith Freehills lawyers to speak at major trusts conference in London
Members of Herbert Smith Freehills' Contentious Trusts team (Tom Leech QC, Richard Norridge and Gareth Keillor) will be speaking at a conference on …
High Court of Justice in the Isle of Man finds the Isle of Man is not bound by English Supreme Court decisions in the area of trustee mistake
The High Court of Justice of the Isle of Man has indicated that the English Supreme Court decision in Pitt v Holt1 should not be followed in the Isle of …
Professional trustees avoid liability for investment losses
The London High Court recently held in Daniel and another v Tee and others [2016] EWHC 1538 (Ch) that three professional trustees of a will trust were …
Jersey court exercises its power to set aside the actions of a settlor and ratify those of a purported trustee
In the recent decision of the Royal Court of Jersey In the Matter of the Z Trust [2016] JRC 048, the Royal Court declared voidable and set aside the …
Royal Court of Jersey strikes out application for freezing order over assets held in discretionary trust
In the recent Jersey case of Attorney General v Rosenlund [2016] JRC 062, the Royal Court of Jersey granted an application by a discretionary beneficiary …
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 …
London High Court considers defence of illegality in claim for beneficial ownership
In Hniazdzilau v Vajgel [2016] EWHC 15 (Ch), a decision handed down last month, the English High Court held that a claim for beneficial ownership in a …
Herbert Smith Freehills publishes "Trusts and Globalisation" White Paper
Herbert Smith Freehills is the Thought Leadership Partner to the Transcontinental Trusts: International Forum 2016, taking place in Bermuda on 9 …
The High Court of England and Wales denies full recovery of trust litigation costs where co-claimants had separate representation
In Ong & Ors v Ping [2015] EWHC 3258 (Ch), the High Court of England and Wales (Chancery Division) limited the legal costs recoverable by a mother …
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