Private Wealth and Trust Disputes Notes

In the matter of the Arpettaz Settlement [2020] JRC 161

Should the trustee of an offshore trust involve itself in proceedings concerning the trust that take place onshore?  The received wisdom is that an …

Trust Survey – the data privacy angle

Court considers the will of the judge who created the ‘Golden Rule’

GOSS-CUSTARD & ANOR V TEMPLEMAN & ORS [2020] EWHC 632 (CH) Following a seven-day trial, judgment was handed down on 28 January 2020 upholding …

HMRC GUIDANCE ON STATUTORY RESIDENCE TEST AND COVID-19

HMRC has updated its guidance on the Statutory Residence Test (“SRT”) to extend the exceptional circumstances exception to cover COVID-19. When …

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 …

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 …

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 …

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 …

UK: Charity Commission freezes bank accounts pending investigation into grant-giving charities with common trustees

Court of Appeal confirms test for dishonesty in dishonest assistance claims

In Group Seven Limited & Ors v Notable Services LLP & Ors [2019] EWCA Civ 614, the English Court of Appeal held inter alia (overturning a first …

Recent English Court of Appeal decision in relation to scope of fiduciary duty in a "secret commissions" case

In a recent decision, the English Court of Appeal has found that there was no breach of fiduciary duty where the amount of commission received by a …