2018 Trust & Estates Litigation Forum


Legal Week Trust & Estates Litigation Forum 2017: ACCESS ALL AREAS


9-11 March 2017
Terre Blanche Hotel & Spa, Provence, France

Conference Programme

Day One: Thursday 9 March

12.00 Terre Blanche Welcome Lunch
Time to prepare for an exciting and thrilling three days. Fuel up and get set for a stimulating and thought-provoking ride.

14.15 Welcome from the chair
Shân Warnock-Smith QC, 5 Stone Buildings & ICT Chambers, UK and Cayman Islands
Shân will set the scene for the next three days highlighting key themes and topics that have been on our minds over the past 12 months.

14.30 Comparative discussion: Public v Private: How private are trust proceedings?
Anonymity continues to erode in a sector where we value the right to elements of privacy. Just how private are trust proceedings and how do they compare with other jurisdictions? At which point do pleadings become public? How does illegally obtained information come into play and when (if at all) does it become admissible?
We unite some key global players to share how these considerations impact their work and their clients.
Daniel J Dochylo, Borden Ladner Gervais, Canada
Jonathan Hilliard QC, Wilberforce Chambers, UK
Morven McMillan, Maples & Calder, Cayman Islands

15.10 Fools Rush In: Dangers of the unknown
It is tempting to view the whole world from the perspective of your own laws and procedure. Are you aware of the limitations of your own knowledge? What are the risks associated with not knowing how your actions may play out in other jurisdictions, especially if under time pressure to make decisions for your client? With the use of a case study, our facilitators will ask you to consider the full effects of going on the record and filing pleadings, applications and evidence, with an emphasis on differing views on privilege, rights against self-incrimination, standards of criminality and professionalism and availability of oral and documentary discovery.
Johannes Gasser, Gasser Partner Attorneys at Law, Liechtenstein
Aureliano Gonzalez Baz, Bryan Gonzalez Vargas & Gonzalez Baz, Mexico
Nicholas Holland, McDermott Will & Emery, UK
Dr Thomas Rohner, Pestalozzi Attorneys at Law, Switzerland

15.55 Coffee Break

16.25 Complex Valuations: Trust, but Verify
Ask the experts. How can one derive reliable valuations for complex and/or illiquid assets held by trusts (for example, in the context of a dispute)? What are the key issues that must be considered? Using examples of complex assets held by many trusts, our experts will show how sophisticated modelling techniques can be brought to bear in their valuation.
Dr Chudozie Okongwu, Managing Director, NERA Economic Consulting
Jeremy Wessels, Mourant Ozannes, Guernsey

17.05 Interactive Focus Groups: Set 1

(A) Criminal Trust Busting: Wyly and its implications
The ongoing and very recognised Wyly brothers litigation continues to shine as an example of tax fraud in a criminal context. What are the real fear factors and how can we be extra cautious? This session will serve as nothing short of a warning sign to clients looking to create complicated offshore structures.
Jay Freiberg, Katten Muchin Rosenman, USA
Jason S. Scott, Osborne, Helman, Knebel & Scott, USA

(B) Akers v Samba: Where do we stand?
The UK Supreme Court has at last given its decision in a case described as truly “momentous” in respect of the recognition of trusts - in particular those established in common law jurisdictions over moveable assets in jurisdictions that have no law of trusts. The English Court of Appeal’s decision, which was widely regarded as providing reassurance that such trusts are valid, has been overturned, but on a basis that may or may not make trust and estate practitioners uneasy or spawn a whole new range of disputes. In this session we will canvas views about:
- where recognition of trusts now stands – possible future issues about the Hague Convention
- the insolvency dimension – transfers of assets away from insolvent beneficiaries
- more, less or the same degree of peril for trusts created to hold foreign assets?
Jonathan Arr, Macfarlanes, UK
Professor Jonathan Harris QC, Serle Court, UK
Keith Robinson, Appleby, Bermuda
Andrew De La Rosa, ICT Chambers, Cayman Islands

(C) Fraudulent Fiduciaries and how to deal with them
Thankfully, the vast majority of trustees that we deal with on an everyday basis are honest and conscientious. But what if a trustee or fiduciary is dishonest and has (or is thought likely to misappropriate assets)? What can be done to deal with the situation and ensure that the beneficiaries’ interests are protected and, if necessary, the trust assets recovered? In this session, we will consider issues relating to the following:
- Obtaining information
- Bringing a trustee to account
- Preserving assets
- Tracing and recovering assets
Richard Wilson QC, Serle Court, UK
Jeremy Gordon, Farrer & Co, UK

18.10 End of Day One

19.15 Welcome drinks

20.00 Welcome dinner at Terre Blanche

Day Two: Friday 10 March

09.00 Opening Remarks

Anthony Poulton, Baker McKenzie, UK

09.10 Opening Session: International Litigation In a Post-Brexit World
This session will look at the implications of Brexit for cross-border dispute resolution in the UK and the offshore worlds. It will consider, in particular, how it may impact upon choices of the courts and laws of these jurisdictions and the enforceability of their judgments.
Professor Jonathan Harris QC, Serle Court, UK
Sir Richard Aikens, former judge of the Court of Appeal, UK

09.55 Hacked Off: Exploring Clients' Insecurities
Your client’s system has been hacked and information stolen from it. How has this happened? Can the stolen information be deployed against your client in court proceedings? Is it admissible in evidence?  Is there anything which can be done to prevent its use? This session will explore, live, the insecurities of electronic data and what to do if it happens to your client.
Johannes Stillig, Head of Incident Response, Schillings
Elspeth Talbot Rice QC, XXIV Old Buildings, UK

10.40 Interactive Focus Groups: Set 2

(A) “Whose death is it anyway?” State interference in testamentary freedom
Most jurisdictions restrict the freedom of disposition of assets in some way. In litigation, we often set one system of laws against another to gain an advantage. Our facilitators will briefly summarise the applicable law in England, forced heirship in jurisdictions such as Switzerland, the approach in the US, and will invite others to discuss their jurisdictions. The group will then turn to litigation strategy in cross-border disputes involving these issues. We will also examine how the EU Succession Regulations have affected these strategies.
Manuel Liatowitsch, Schellenberg Wittmer, Switzerland
Richard Manyon, Payne Hicks Beach, UK

Basil Zirinis, Sullivan & Cromwell, UK and USA

B) The enforcement of family court orders against foreign trust and corporate structures
This session will focus on the enforcement of divorce court orders against foreign trust and corporate structures, within Europe and offshore; telescoping and variation of settlements.  An update on relevant cases from Hong Kong and Singapore will be provided as well.
Dawn Goodman
, Withers, UK
Mark Harper, Hughes Fowler Carruthers, UK
Thelma Kwan, Thelma TM Kwan, Hong Kong

C) Think you didn't do criminal law or need a criminal lawyer? Think again...
Our facilitators will explore the Criminal Finance Bill which is due to become law later this year. Come along and find out everything you need to know but never dared to ask about your criminal liability under the ‘failure to prevent’ provisions.
Siena Gold, Harcus Sinclair, UK
Ben Rose, Hickman & Rose, UK

11.40 Refreshment Break

12.10 Keynote Interview:  Is it always about the money?  Capacity, care and the Court of Protection for high net worth clients
Sir Robert Francis QC
Serjeants’ Inn Chambers, UK
His Honour Denzil Lush, former Senior Judge of the Court of Protection

12.55 Interactive Focus Groups: Set 3

A) Access all areas: At what cost?
It's all well and good talking about access- but who pays for this access? This session will tackle the question of whether trustees need even bother with Beddoe relief in light of Investec v Glenalla, before considering the point at which a fiduciary's conduct in litigation will disentitle them from obtaining reimbursement of costs from the trust fund, including where that trust is 'insolvent'.  The session will also consider other financial issues arising in trust litigation including the use of litigation funding and the availability of pre-emptive costs orders to beneficiaries litigating for the benefit of a trust. Finally, our facilitators will also discuss the extent to which a trustee or protectors can be remunerated from a trust fund, either where there is no express charging clause or the fiduciary fails to comply with its terms.
Elaine Gray, Carey Olsen, Guernsey
Andreas Kistler, Carey Olsen, Jersey

B) Acting for the family: Who’s your daddy? Oh yeah, who’s your client?
When you act for the family you act for everyone and no one. Confidentiality and privilege for private client and trust lawyers are issues on the rise as populations age, families divide and old retainer agreements and client intake systems demonstrate their inadequacy. This session will delve into potential disasters and how best to plan around them.
Piers Feltham, Radcliffe Chambers, UK
Graeme Kleiner, Charles Russell Speechlys, UK
Tina Wüstemann, Bär & Karrer, Switzerland

C) The PSC Minefield
As litigators, we often need information about assets and the structures that hold them. What information can we glean from the PSC register? What other information is out there? Who holds it and how can we get it? With a focus on offshore structures, we need to work out the best course of action and advice for our clients.
Josh Lewison, Radcliffe Chambers, UK
Helen Ratcliffe, Bircham Dyson Bell, UK

13.55 Lunch

14.45 Leisure Activities
The Forum is not just about the content you receive in the formal sessions, but the crucial piece of information that you pick up whilst enjoying one of a choice of leisure activities.

19.00 Sparkling Reception

20.00 Gala Dinner

Day Three: Saturday 11 March

10.00 Opening remarks from chair
Anthony Poulton
, Baker McKenzie, UK

10.10 Breakfast Workshop: Why do we fight?
Mary Duke, internationally recognized for her work with families of wealth, will challenge us to consider our own styles of handling conflict and will share exercises for expanding our capacity to manage the stress of disputes in this highly interactive closing keynote.
Mary K Duke, Family Wealth Advisor, USA

11.45 Chair’s closing comments
Shân Warnock-Smith QC
, 5 Stone Buildings and ICT Chambers, UK and Cayman Islands

12.15 Lunch
Join us for a light lunch before the transfer back to the airport

Please note programme is subject to change.

Delegate Bookings
To reserve your place at Legal Week Trust & Estates Litigation Forum 2017, BOOK ONLINE, call Peter Doolan on tel. +44 (0)20 3868 7555 or send an email to legalweekconference@alm.com