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Received Wisdom the Investec Arguments Brought To England
Date: 06/01/2022 Type: Articles Topic: FIRE | Insolvency | Civil Fraud | International | Enforcement | Offshore | Asset Recovery |Author: James Lister – Stevens & Bolton
Ever since the Privy Council’s landmark decision in Investec v Glenalla1 in April 2018, there have been various attempts to use the arguments raised in that case in England, on both sides of the issue (being in the main whether a trust’s creditors could enforce their claims against the trust’s assets directly, or had to rely on pursuing the trustees and the trustees’ right of indemnity from the trust assets in turn).
January of 2021 saw a particularly ambitious attempt to use the Investec authority to the advantage of the trustees of a family will trust, endeavouring (as they were) to avoid several millions of pounds of liability to a (purportedly) secured lender.
In Williams v Simm2 the Court was asked to look afresh at the Privy Council’s decision in Investec as it applied to a notionally simple domestic will trust.
Noteworthy Developments In The Liechtenstein Legal Landscape In 2021
Date: 06/01/2022 Type: Articles Community Magazine Topic: FIRE | Insolvency | Civil Fraud | International | Enforcement | Offshore | Asset Recovery |Author: Walter Dorigatti – Gasser Partner
As this piece is being written, cases of infections with COVID-19 are surging (once again) all across Europe. Although we hoped that the virus would be left behind together with the year 2020, COVID has not loosened its grip over everyday life and also continues to affect judicial and administrative processes in Liechtenstein. Consequently, the Liechtenstein government has recognized the necessity to extend ancillary administrative measures (nearly) throughout the current year (until 30 September).
ESG Factors Here To Stay In Fraud And Insolvency
Date: 06/01/2022 Type: Articles Community Magazine Topic: FIRE | Insolvency | Civil Fraud | International | Enforcement | Offshore | Asset Recovery |Author: Jeremy Snead and Fay Warrilow – Ogier
Onshore or offshore, whatever your industry, ESG factors are here to stay - that was the emerging theme of a series of workshops we ran on sustainability issues within fraud and insolvency at September’s FIRE Summit for fraud and insolvency practitioners.
That’s not to say that the future, or even the exact nature, of ESG and sustainability in business are mapped out. In the series of sessions that we held the practitioners agreed that the nebulous scope of the topic made it hard to define the nature of the issues, particularly given the varied possibilities for focus on the ‘E’ (Environmental), the ‘S’ (Social) or the ‘G’ (Governance).
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