Private Wealth and Trust Disputes Notes

English Court of Protection gives clarification on effectiveness of foreign representative powers

The decision of the England and Wales Court of Protection (the "COP") in Re GED (Various Applications Concerning Foreign Representative Powers) [2019] …

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 …

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 …

APAC Monthly Private Wealth Legal Developments - November 2019

Welcome to Herbert Smith Freehills' new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal …

TRUSTEES TAKE COMFORT – HIGH COURT UPHOLDS BROAD SCOPE OF EXONERATION CLAUSES

Summary Trustees often seek to limit their liability in the form of exoneration clauses in trust deeds. As such,  it is generally difficult for a …

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 …

Out of time financial provision claims under the 1975 Act - further clarity from the English Court of Appeal?

In the recent case of Begum v Ahmed [2019] EWCA Civ 1794, the Court of Appeal granted permission for the Appellant to bring a claim 12 months out of time …

UK Supreme Court holds testamentary charitable gifts to Jersey were entitled to inheritance tax relief

In Routier and another v Commissioners for Her Majesty's Revenue and Customs [2019] UKSC 43, the UK Supreme Court overturned an earlier Court of Appeal …

APAC Monthly Private Wealth Legal Developments - October 2019

Welcome to Herbert Smith Freehills' new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal …

HONG KONG HIGH COURT REVERTS DEPARTURE FROM GENERAL RULE ON COSTS IN DISPUTE BETWEEN BROTHERS

Background In Chan Chi Wai v Chan Sau Wah [2019] HKCFI 1662 an application was made to vary a costs order nisi granted by the Hong Kong High Court …

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