The Rare Trust Derivative Action: How Special are Your Circumstances?
14 Jan 2021
Location: 4pm - 5.30pm Virtual Event (Zoom) Members: FREE - Book by 14 Jan
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Highlights
This session looks at the circumstances in which beneficiaries of a trust may be entitled to bring in their own name, but on behalf of the trust, an action which belongs to the trustee, because the trustee either cannot or will not; explores the special circumstances test; and reviews recent case law in this area. The session will cover the following
- The seminal Supreme Court decision in Roberts v Gill
- The recent Eastern Caribbean Court of Appeal decision in Paraskevaides v Citco
- Lines v Wilcox – a development in the case of inter-beneficiary disputes?
- Uses of the doctrine in commercial litigation – Hamblin v World First Ltd
Barrister
Radcliffe Chambers
Tom Dumont KC practises from Radcliffe Chambers, in Lincoln's Inn. He was appointed silk in 2019, the culmination of years as one of the most in-demand barristers at the Chancery Bar. He has been Advocate of the Year at STEP’s Private Client Awards and one of the Lawyer’s Hot 100. He has won cases in the Supreme Court – including Roberts v Gill – the Administrative Court and the Court of Appeal, as well as his more usual stamping-ground, the Chancery Division.
His practice covers the booming sector of contentious trusts and estates, and other private client litigation and advice. He has a particular strength in professional negligence where it overlaps with the private client world, such as tax-planning by solicitors and accountants. His clients range from landed families and trust companies (on and offshore), to entrepreneurs, national charities and Russian oligarchs
Radcliffe Chambers
Associate
Bedell Cristin (Jersey)
Sonia advises leading onshore law firms, fiduciaries and high net worth individuals in relation to trust, commercial, insolvency and regulatory matters.
She acts for trustees and beneficiaries alike in contentious and noncontentious matters with an international element. She regularly assists with complex applications and trial work before the Royal Court and Court of Appeal in Jersey. Sonia is part of the Bedell Cristin team which acts for the successful Plaintiffs, Cristiana Crociani and her daughters, in Crociani v Crociani, a $200 million breach of trust claim which has been before the Royal Court and Court of Appeal in Jersey and the Privy Council.
Bedell Cristin (Jersey)
Partner
Ogier (BVI)
Nick is a barrister and dispute resolution partner with Ogier BVI. He has many years’ experience in litigation in the territory, in particular in director and shareholder disputes, trust litigation, insolvency, fraud and asset tracing, and general corporate and commercial disputes.
Nick has worked on a large and varied range of high profile and high value litigation cases in the BVI, in particular in several of the leading trust matters, including Gany Holdings (PTC) v Zorin Khan & ors [2018] UKPC 21, TIPP Investments PCC v Chagala Group Limited BVIHC (COM) 2016/102, and Thelma Paraskevaides & ors v Citco Trust Corporation Limited & ors BVIHCMAP2018/0046, the latter two involving substantial trust derivative action issues. Nick also regularly encounters corporate derivative actions, running one of the largest BVI trials spanning 2019 to 2021, King Bun Limited & ors v Lau man Sang James & ors BVIHC (COM) 2017/086, which is a derivative claim.
He is recognised by leading directories Legal 500 as being, "A star of the future" and Chambers Global as "Outstanding".
Nick is currently the First Vice President of the BVI Bar Association and is working as part of the BVI's Rules Committee on amendments to the Eastern Caribbean CPR.
Ogier (BVI)
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Partner
Bedell Cristin (Jersey)
Robert is a Jersey Advocate, and English and BVI barrister, specialising in trusts, company, commercial and insolvency litigation.
Robert has extensive experience of acting for and advising clients in high-value commercial matters in particular involving breach of trust claims, directors’ breach of duty claims, trust disclosure and other administrative proceedings in relation to trusts, enforcement of foreign orders in relation to trusts, actions to remove trustees and protectors, unfair prejudice claims, freezing injunctions and insolvency procedures. He has acted for beneficiaries, shareholders and other individuals in disputes with larger institutions such as trust companies, banks and other lenders. He is experienced in obtaining litigation funding where necessary for impecunious clients. Robert also acts for some major trust companies, and advises trustees and directors on their duties, including in insolvency situations.
Robert is a graduate of Oxford University and was called to the English bar in 2006, practising at Radcliffe Chambers in Lincoln’s Inn. Between 2012 and 2015 he worked for a major offshore law firm in BVI. Robert has advised on a broad range of trust, company, commercial, fraud and asset-tracing and insolvency matters and appeared regularly in interim applications, trials and appeals in the County Court, High Court, English Court of Appeal, BVI Commercial Court and Eastern Caribbean Court of Appeal. Robert’s Caribbean experience means that he is regularly instructed in international litigation which involves a number of offshore centres.
Robert moved to Jersey in 2015 and worked for a Jersey Law firm where he became a partner in January 2019. He joined Bedell Cristin as a partner in December 2020.
In November 2020 Robert was named IFC Partner of the Year at the Citywealth Future Leaders Awards in recognition of the results achieved for his clients over the previous few years.
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Bedell Cristin (Jersey)
Barrister
XXIV Old Buildings
Daniel has a busy commercial chancery practice, with a particular interest in trust and company matters.
He regularly appears in court in England as well as working on cases in numerous offshore jurisdictions, including BVI, Cayman, Bermuda, Guernsey and Jersey. Daniel has been involved as junior counsel in some of the leading trust and company law disputes which have reached the Privy Council in recent years including Crociani v Crociani [2015] WTLR 975 (jurisdiction clauses in trusts), Investec v Glenalla [2019] AC 271 (liability of trustees for transactions with third parties), and Chu v Lau [2020] 1 WLR 4656 (just and equitable winding up on the ‘deadlock’ ground).
XXIV Old Buildings
Agenda
Speakers:
Thomas Dumont KC - Barrister - Radcliffe Chambers
Daniel Warents - Barrister - XXIV Old Buildings
Nicholas Brookes - Partner - Ogier (BVI)
Sonia Shah - Associate - Bedell Cristin (Jersey)
Robert Christie - Partner - Bedell Cristin (Jersey)
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