May 2017 #186 – Law Journals

EU: Just an opinion?

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 …

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Trusts: Equity prevails

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 …

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Disclosure: A new dawn?

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 …

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Offshore Trust Reforms: Reform in practice

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, …

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Book Review: Cover to cover

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 …

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Court Of Protection: Who is responsible?

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 …

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Musings From Manchester: Who’s judging?

O T

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 …

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Wills: Value judgment

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 …

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Beneficial Ownership: A step too far

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 …

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