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John Greenfield and Elaine Gray outline recent Channel Island decisions on the personal liability of trustees ‘Under the Art 32(1)(a) regime, the trustee remains liable in law on the obligation and is the person against whom an action must be brought by the creditor.’ This article reviews a series of judgments delivered in 2014 and …
Continue reading "Trustees: Who pays?"
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Geoffrey Shindler considers recent criticisms and concerns affecting the judiciary ‘Judges are often accused of being both unrealistic and unworldly living in ivory towers of the 18th century construction and dressing appropriately for the building. This is of course not the truth but the truth is a matter of perception as much as theory.’When discussing …
Continue reading "Musings From Manchester: Who’s judging?"
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Ilott v Mitson [2017] misses the chance to clarify financial provision for adult children. Natasha Dzameh discusses the Supreme Court judgment ‘Lady Hale acknowledges that the present law is “unsatisfactory” and that it gives “no guidance as to the factors to be taken into account in deciding whether an adult child is deserving or undeserving …
Continue reading "Wills: Value judgment"
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Jonathan Shankland and Claudia Whibley set out the detail of proposed EU public beneficial ownership register ‘Going forward it will be important to be educated on the changes that the 4th EU Anti-Money Laundering Directive will bring, especially considering that law firms are considered to be high-risk targets for money launderers and therefore can expect …
Continue reading "Beneficial Ownership: A step too far"
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A preliminary ruling by the ECJ has found a UK exit tax to be a restriction on the freedom of establishment. Christopher Salomons explains ‘The UK is currently very much in the grip of “Brexit”, the country’s decision to leave the EU. How much attention the UK will give to this Opinion therefore, will remain …
Continue reading "EU: Just an opinion?"
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Thomas Klemme and Oliver Auld highlight a clash of trust law concerning trusts over foreign assets, which also has lessons for liquidators ‘The Supreme Court held unanimously and unequivocally that a trust can exist over assets located in a jurisdiction that does not recognise trusts.’The recent Supreme Court judgment in the case of Akers v …
Continue reading "Trusts: Equity prevails"
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James Lister evaluates whether the Court of Appeal has established a new approach to disclosure and data protection ‘While in principle there are some potentially alarming consequences of this decision (Dawson-Damer & ors v Taylor Wessing LLP & ors [2016]) for trustees and their advisers in particular, it must be borne in mind that the …
Continue reading "Disclosure: A new dawn?"
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Emma Loveday provides some specific examples of the effects of recent reforms to taxation on non-UK domiciled trusts ‘Despite trust gains being protected from CGT as they arise, they will later be taxed if a beneficiary receives a distribution from the trust.’ In the March 2017 edition of Trusts and Estates Law & Tax Journal, …
Continue reading "Offshore Trust Reforms: Reform in practice"
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Paul Davies reviews the latest edition of a trusted classic The latest edition of Drafting Trusts and Will Trusts – a Modern Approach (13th ed) has recently been published and, having accepted the invitation to review this well-known publication I realised I would actually have to read it – not just skim it but read …
Continue reading "Book Review: Cover to cover"
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Hannah Gearey outlines the points considered when there is a conflict between the authority of the deputy and trustees in the case of a personal injury trust ‘The issue that arose in this case was whether the capital element of the award should be dealt with by the court-appointed deputy or the trustees of the …
Continue reading "Court Of Protection: Who is responsible?"
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