Jersey: Breach of trust and non-dom rules the focus as Mishcon de Reya lawyers lead Ogier's TAG seminar
Last Updated: 28 October 2016

Lawyers from leading London firm Mishcon de Reya will be speaking at Ogier's Trust Advisory Group seminar on breach of trust and changes to non-dom rules.

The TAG seminar taking place in Jersey from noon on Thursday will feature Mishcon partner Peter Steen and managing associate Charlie Sosna.

The event is being repeated in Guernsey on Friday.

Peter – who used to practice in Jersey – will be speaking about ''Breach of trust and the law on costs: lessons for trustees from the recent cases of Daniel v Tee and Blades v Isaac" and Charlie will be looking at changes that lie ahead in respect of taxation of non-doms.

The Trust Advisory Group draws together experts from private client and trusts, and from dispute resolution, to apply a cross-disciplinary perspective on recent changes in the private client sphere.

Nigel Sanders, who heads the Jersey Dispute Resolution team, said that the two subjects are very topical and will be of great interest to Jersey based trustees.

He said: "Whilst no trustee would wish to contemplate an action for breach being brought against it, the Court's conclusion on where the burden of costs will fall is will be a very significant factor for a trustee or indeed their insurers in determining how to approach such a claim.

"The Jersey Court has in recent years delivered a number of judgments on the principles to be applied to the issue of costs of trust related proceedings but given the persuasive effect of English judgments in this field it will be interesting to learn what the current approach of the English Court is.

"In respect of the non-dom changes, the use of Jersey trusts has historically been driven at least in part by seeking to achieve effective tax planning for individuals living in the UK. 

"Changes to the English law in this area will have a direct knock on to the use and effectiveness of offshore structures and therefore in the current economic climate where taxation is very much at the forefront of many government's minds, this update will be of great relevance to those working in private wealth planning and structuring."

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