2018 Trust & Estates Litigation Forum

Legal Week Trust & Estates Litigation Forum 2018 

4-6 March 2018
Hôtel Royal
Évian-les-Bains, France

Conference Programme

Sunday 4 March 2018

19.00 Drinks reception 

20.00 Welcome dinner

Day One: Monday 5 March 2018

08.00 Early bird masterclass
England versus offshore: Ramifications and liability for creditors and others
The duties of trustees in insolvent situations
What sort of insolvency regime, if any, should apply
The exercise of fiduciary powers in insolvent situations
Joanne Verbiesen, Harneys, Hong Kong
Bruce Lincoln, Mourant Ozannes, Jersey 

09.15 Welcome from the chairmen
Dakis Hagen QC, Serle Court, UK
Nicholas Holland, McDermott Will & Emery, UK

09.30 Opening panel
Caught in the crossfire: Trustees embroiled in divorce proceedings
 Firewall issues, including Imperial Parliament
 Variations as nuptial settlements, in particular the nuptial element at company level
Robert Ham QC, Wilberforce, UK 
Graeme Kleiner, Charles Russell Speechlys, UK 
Alan Boyle QC, Serle Court, UK
Mark Harper, Hughes Fowler Carruthers, UK
Chair: Shân Warnock-Smith QC, 5 Stone Buildings, UK

10.15 Q&A 
Life stories: Up close and personal with Lord Neuberger
Lord Neuberger of Abbotsbury, Former President of the Supreme Court, UK
Elspeth Talbot Rice QC, XXIV Old Buildings, UK

11.00 First 100 Years: Celebrating women in law. A brief introduction 
Angela Neuberger, executive producer, First 100 Years, UK
Catherine Calder, founding trustee, First 100 Years, UK

11.10 Coffee break and networking 

11.30 Panel debate
The Pugachev decision: Implications for practitioners and clients
• Illusory trusts: When is a trust not a trust?  In what circumstances does a powerful protector become the sole beneficiary?
 Sham: Who’s intention matters? Is “reckless indifference” enough and, if so, indifference to what?
 Section 423 and transaction avoidance: Intention to defeat illegitimate claims - an ‘easy option’ for creditors?
Toby Graham, Farrer & Co, UK
Hodge Malek QC, 39 Essex Chambers, UK
Christopher Lloyd, Erskine Chambers, UK

12.15 Interactive focus groups: 

A) Cybercrime and confidentiality 
This breakout session looks to preparedness of cybercrime and post-breach response, with a particular focus on reputation management.
Patrick Harrison, Weber Shandwick, UK
Ryan Rubin, EY, UK

B) New trust jurisdictions in the 21st century
This interactive breakout session seeks to highlight emerging trust jurisdictions in 2018. From brand new trust jurisdictions to developing existing trusts and taxation of trusts in Italy and the US as newly desirable, this session seeks to share knowledge and understanding from across the globe.
Stanley A. Barg, Kozusko Harris Duncan, USA
Nicola SaccardoMaisto e Associati, Italy 

C) The 21st century family
• Who’s the daddy? Use of genetic material pre- and post-mortem
• The other half: Divorce, remarriage, same sex marriage and cohabitation
• Meet the family: Trace and protect vulnerable family members 
• Treatment: Settling disputes over medical treatment of vulnerable individuals
• Where’s the body? Burial rights
Joshua Rubenstein, Katten Muchin Rosenman, NY, USA
Michael Mylonas QC, Serjeants' Inn Chambers, UK

13.20 Lunch

15.00 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 range of leisure activities. 

19.00 Sparkling drinks reception

20.00 Gala dinner 

Day Two: Tuesday 6 March 2018

08.30 Early bird masterclass
M&A, trusts and the consequent pitfalls
We have seen a huge number of mergers and acquisitions amongst trust companies, but what are the potential pitfalls from a litigation perspective, including confidentiality issues and risk? 
Stella Mitchell-Voisin, Summit Trust, Switzerland 
Jonathan Arr, Macfarlanes, UK

09.30 Chairs’ opening comments
Dakis Hagen QC, Serle Court
Nicholas Holland, McDermott Will & Emery

09.45 Opening panel
Meritus Trust Company v Butterfield Trust: Battle of the trusts across several jurisdictions
Using the recent decision in Meritus Trust Company Limited v. Butterfield Trust (Bermuda) Limited, panelists discuss the contentious outcome: a former trustee has no general right of retention as against a new trustee, but only a non-possessory equitable lien.
Fozeia Rana-Fahy, MJM Barristers & Attorneys, Bermuda 
Nicholas Le Poidevin QC, New Square Chambers, UK
Giles Richardson, Serle Court, UK

10.30 Interactive Focus Groups 

A) Developments in the law of estoppel: Sword and shield
This breakout will compare and contrast two recent cases in Canada with reference to leading cases in the UK on the law of estoppel: 
• How far can the doctrine be extended before leading to uncertainty, if not an “explosion of liability”?
• Are there implications for challenges involving trust deeds?  
• May an attack on the validity of the exercise of a resettlement power in a trust nonetheless be barred by estoppel?
Craig Shuttleworth, Jones Day, UK
Daniel Dochylo, Borden Ladner Gervais, Canada

B) Investment management liability: trusts and related structures
In this session we will discuss and facilitate debate on three main areas:
• Recurring and new themes in litigation concerning trustee liability for investment losses
• The efficacy of reserved powers, corporate structures and other duty-limiting mechanisms 
• Remedies: Equitable compensation and related principles
Andrew de la Rosa, ICT Chambers, Cayman Islands & UK
Steven Elliott, One Essex Court, UK 

Morven McMillan, Maples and Calder, Cayman Islands

C) Personal protection planning
Identifying the powers of the Court of Protection and the different strategies that can be deployed to safeguard HNW clients where capacity is in issue, including cases with multi-jurisdictional questions, privacy concerns and/or where there is a risk of undue influence.
Dominic Crossley, Payne Hicks Beach, UK
Sir Robert Francis QC, Serjeants' Inn Chambers, UK
Stephen Rich
ards, Withers, UK

11.30 Networking break and coffee 

11.45 Interactive panel 
My jurisdiction is better than yours
Each panelist has 3 minutes against the clock to say why their jurisdiction is better in one of the following areas:
1. Rectifying mistakes made by trustees
2. Firewall 
Chair: Rachael Reynolds, Ogier, Cayman Islands 
Keith Robinson, Carey Olsen, Bermuda
John Rimmer, Advocate John Rimmer, Isle of Man
Johannes Gasser, Gasser Partner, Liechtenstein
Valerie Wu, Pinsent Masons, Singapore
Christian Hay, Collas Crill, Guernsey

12.15 Closing panel
Litigation showcase: Where were we? Where are we now? Where are we going?
This ultimate session seeks to provide a snapshot summary of emerging concepts and juicy new cases from the past year which have featured in trust litigation. 
Andrea Zavos, Boodle Hatfield, UK
y Poulton, Baker McKenzie, UK
Jonathan Edward Wheeler, Morrison Foerster, UK 

13.00 Chairs’ closing comments 
Where are we now? What have we learnt? Coming back to core topics – snap shot approaches

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

14.00 Transfer to airport

Please note programme is subject to change.

Delegate Bookings
To reserve your place at Legal Week Trust and Estates Litigation Forum 2018 BOOK ONLINE, call Peter Doolan on tel. +44 (0)20 3868 7555 or send an email to legalweekconference@alm.com