Private Wealth and Trust Disputes Notes

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

English court clarifies meaning and effect of "serious harm" requirement under Defamation Act 2013

The Supreme Court has held that the requirement to show “serious harm” under section 1(1) of the Defamation Act 2013 (the "2013 Act") not only raises the …

Directors' company obligations trump family interests

(Great) legitimate expectation(s)?

Don't forget stamp duty - lessons on Stamp Duty Liability in Hong Kong for deceased estates

Inheritance tax has been abolished in Hong Kong since 2005. However, two recent decisions illustrate that tax liability may arise in the form of stamp …

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 …

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 …

The Cup Trust: The Charity Commission demonstrates a robust regulatory approach with regard to tax planning arrangements

Earlier this year, the Charity Commission (the "Commission") published the results of its inquiry into The Cup Trust, a charity which participated in a …

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 …

New look Private Wealth and Trust Disputes Blog

Welcome to the new look Herbert Smith Freehills Private Wealth and Trust Disputes Blog. Our blog has recently been updated with a new design. As well as …

Confusion in the English High Court over out of time Inheritance Act claims

The English High Court has recently issued two apparently inconsistent judgments in relation to out of time claims brought under the Inheritance …

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