Conference programme - Day One: Thursday 25 February

VIEW THE TRUST & ESTATES LITIGATION FORUM 2010 EBOOK or PDF

13:30 Chair’s welcome
Shân Warnock-Smith QC, 5 Stone Buildings, UK

13:45 Panel discussion: Lessons from the frontline
A number of big trust and estate cases have recently concluded with many lessons to be learnt. This panel of experts will offer views on some of the most noteworthy cases, both reported and unreported, and how they will impact on future cases of similar nature.
Chair: Sara Collins, Conyers Dill & Pearman, Cayman Islands
Simon Davies, Ogier, Channel Islands
Professor Jonathan Harris, University of Birmingham and Serle Court, UK
Andrew De La Rosa, Ten Old Square, UK
Joshua Rubenstein, Katten Muchin Rosenmann, USA

15:00 Interactive focus groups: Dealing with actions against trustees

A: Trusts and fraud - Asset tracing and other remedies
Challenging times and increased scrutiny have revealed more than the usual number of frauds over the past 12 months. This discussion group will identify key issues when a trust is involved with a fraud – especially when assets need to be traced and retrieved.
Robert Hunter, Herbert Smith, UK
Carlos de Serpa Pimental, partner, Appleby, Channel Islands

B: Implications of dishonest assistance
Trustees don’t always have to be directly involved in supporting fraud – accessory liability and money laundering may be enough to get them into trouble. This session will highlight some of the cases where trustees have had to defend themselves if their clients have abused the structure.
Alan Boyle QC, Serle Court, UK
Steven Kempster, Taylor Wessing, UK
Graeme Kleiner, Speechly Bircham, UK

C: The ticklish nature of trustee and protector removal
Letting go of a post of great importance and value is a tough decision. Since many removal applications are linked to breach of trust or other accusations of wrongdoing, professional and personal reputations can be at stake. When to resist and when to give in gracefully? This discussion will involve different removal approaches and how a sensible approach is of benefit to all parties involved.
Andrew Child, 3 Stone Buildings, UK
Rupert Ticehurst, Herbert Smith, UK

16:00 Afternoon tea

16:30 Panel discussion: Matrimonial orders against trusts
Trustees continue to be increasingly involved in beneficiaries’ matrimonial proceedings. This panel will explore the bases on which offshore trusts can be dragged into matrimonial proceedings, how matrimonial orders might be enforced against trust assets and the likely attitude of the court in different jurisdictions to attempts to enforce such orders.
Chair: Shân Warnock-Smith QC, 5 Stone Buildings, UK
Elspeth Talbot Rice QC, XXIV Old Buildings, UK
Paul Buckle, Carey Olsen, Channel Islands
Nicholas Francis QC, 29 Bedford Row, UK

17:45 Close of conference sessions

19:15 Welcome dinner