Charman divorce deadlock looms as top Cayman judge issues rallying call for trusts – Legal Week

Posted March 13th, 2008 in Cayman Islands, divorce, news, trusts by sally

“A leading Caribbean judge has launched a staunch defence of trusts, fuelling expectations that there will be an unprecedented stand-off between offshore and onshore judges over the landmark Charman v Charman divorce ruling.”

Full story

Legal Week, 13th March 2008

Source: www.legalweek.com

Alitalia-Linee Aeree Italiane SpA v Rotunno and Others – Times Law Reports

Posted March 12th, 2008 in law reports, pensions, trusts by sally

Alitalia-Linee Aeree Italiane SpA v Rotunno and Others

Chancery Division

“There was no reason not to give the word ‘secure’ its usual meaning as a transitive verb when contained within the words ‘to secure the benefits under the scheme’ in a set of trust rules.”

The Times, 12th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Breakspear and Others v Ackland and Another – Times Law Reports

Posted March 10th, 2008 in confidentiality, law reports, trusts by sally

Breakspear and Others v Ackland and Another

Court of Appeal

“In the absence of special terms, the confidentiality in which a wish letter was enfolded was something given to the trustees for them to use, on a fiduciary basis, in accordance with their best judgment and as to the interests of the beneficiaries and the sound administration of the trust.”

The Times, 10th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Breakspear and others v Ackland and Another – WLR daily

Posted February 21st, 2008 in disclosure, law reports, trusts by sally

Breakspear and others v Ackland and another [2008] EWHC 220 (Ch); [2008] WLR (D) 52

Generally the confidence which ordinarily attached to a wish letter was such that, for the better discharge of their confidential functions, the trustees need not disclose it to beneficiaries merely because they requested it unless, in their view, disclosure was in the interests of the sound administration of the trust, and the discharge of their powers and discretions.”

WLR Daily, 20th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others – WLR Daily

Posted February 20th, 2008 in conflict of laws, EC law, law reports, trusts by sally

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others [2008] EWHC 259 (Ch); [2008] WLR (D) 50

“The words ‘as beneficiary’ contained in art 5(6) of Council Regulation (EC) 44/2001, which provided that a person domiciled in a member state could, in another member state, be sued ‘as … beneficiary of a trust’, required the claimants to show that they were suing a party in its capacity as a beneficiary rather than in the capacity as someone not beneficially entitled to the moneys that were claimed.”

WLR Daily, 19th February 2008

Source: www.lawreports.co.uk

Pleae note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Nelson v Greening and Sykes (Builders) Ltd – Times Law Report

Posted January 22nd, 2008 in costs, law reports, sale of land, trusts by sally

Nelson v Greening and Sykes (Builders) Ltd

Court of Appeal

“Although the practical effect of a beneficial owner of property making a declaration of trust in favour of a third party would be to get rid of the trust of an equitable interest then subsisting, as a matter of law, the beneficial owner would not drop out of the picture but would hold the beneficial interest on trust for the third party.”

The Times, 22nd January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

Children of multimillionaire given legal aid in divorce battle – The Guardian

Posted December 3rd, 2007 in divorce, legal aid, trusts by sally

“Two children of a multimillionaire jeweller have been given legal aid of £30,750 to protect their interests under a family trust amid a divorce war between their parents.”

Full story

The Guardian, 3rd December 2007

Source: www.guardian.co.uk

Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust – WLR Daily

Posted November 19th, 2007 in expenses, taxation, trusts by sally

Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch)

“Expenses incurred by trustees of a discretionary trust for the benefit of both capital and income beneficiaries were properly chargeable to capital.”

WLR Daily, 16th November 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Wester v Borland – WLR Daily

Posted October 18th, 2007 in law reports, trusts by sally

Wester v Borland

“A trustee seeking to exercise his power of lien over a trust fund had to demonstrate that there were substantial grounds upon which to do so and that he had taken all reasonable steps to ascertain his liability. Once he had done that it was for the beneficiaries to demonstrate that those grounds did not exist.”

WLR Daily, 15th October 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Top QC condemns Treasury trust plan – Law Society’s Gazette

Posted April 13th, 2007 in money laundering, news, trusts by sally

“The Government’s draft money laundering regulations are so vague it could be unlawful to prosecute lawyers who may unwittingly fail to comply with them, a leading human rights QC has claimed.”

Full story

Law Society’s Gazette, 13th April 2007

Source: www.lawgazette.co.uk