Guernsey: Guernsey Autumn Seminar 3: Essential Non-Trust Law For Trustees
Last Updated: 27 October 2015

Collas Crill and Mark Pring of Addleshaw Goddard will discuss some of the recent judicial decisions that can affect a trustee and its business in the key areas of insurance, regulation and commercial litigation. The experts will draw on their experiences of the cases in which they were involved and consider what steps trustees can take to mitigate their risk.  In particular the speakers will be looking at some of the recent cases and what lessons trustees can learn including:

A summary update of recent legal developments including:

  • Quan - v - Bray and Hope - v - Krejci: two decisions that demonstrate the English Family Court's evolving approach to offshore trusts;
  • VTB Bank - v - Skurikhin: a decision of the English Commercial Court to appoint a receiver over interests held on trust for a foundation, on the basis that the defendant in the case hadde factocontrol over the foundation;
  • Re: Z II Trust: a decision of the Jersey Court which considers the correct test to apply in determining if a trust is 'insolvent' and to whom trustees and other fiduciaries owe their obligations when a trust becomes 'insolvent'; and

An update on the proposed UK legislation to target enablers, facilitators and non-preventers of offshore tax evasion.

In depth reviews of seminal cases affecting trustees from the lawyers involved on:

  • Rathbone Brothers Plc and another - v - Novae and others: an English Court of Appeal decision concerning which clarified insurance coverage issues for trustees, in circumstances where the insurance companies attempted to avoid cover for a negligence action against the trustee in which approximately £150 million was being sought.
  • AG - v - STM Fiduciaire Limited and Michelle Jardine: the first case of its kind in which anyone has faced a criminal prosecution for failing to file a Suspicious Activity Report, as opposed to facing civil sanctions.

Expert Speakers:

Nuno Santos-Costa - Nuno is Collas Crill's senior partner and Group Head of Dispute Resolution. He specialises in all aspects of commercial litigation including trust cases, fraud and asset tracing claims and heavyweight commercial disputes. He has appeared in many substantial Jersey cases, including acting as senior Jersey counsel for the first defendant in the Alhamrani trusts litigation, Jersey's biggest ever litigation dispute and more recently acting on behalf of Michelle Jardine in the case of AG vs STM Fiduciaire Limited and Michelle Jardine. 

David O'Hanlon - David is a senior member of the dispute resolution team. His practice focus is on contentious trust or internal company issues (such as shareholder or board disputes) and he has a wide experience of professional negligence, as well as general commercial matters. 

Mark Pring- Mark is a partner in the litigation team and Head of Insurance at Addleshaw Goddard. He was head of the successful Addleshaw Goddard team in a landmark English Court of Appeal decision relating to coverage of trustees in Jersey proceedings. Mark has extensive experience in handling high-value, multi-jurisdictional disputes (including cross-border litigation and arbitration proceedings) and the mediation of such disputes.  His practice has a strong focus on insurance and reinsurance work, including in relation to professional indemnity, financial institution's risks, D&O, property, energy and construction classes of business.

WHO SHOULD ATTEND: This seminar will be of interest to investors, trust and corporate service providers, family offices, entrepreneurs and lenders.

COST:  £25

WHERE:  The Duke of Richmond Hotel, Cambridge Park, St Peter Port

WHEN: Tuesday 3 November 2015. Registration from 4pm. Speakers commence at 4.30pm sharp. Close at 6pm.

To make a booking, please complete the registration form.

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