Trusts: The importance of judicial discretion

Harcus Sinclair | Trusts and Estates Law & Tax Journal | March 2015 #164
The Guernsey Court of Appeal affirms the scope of the jurisdiction conferred by Article 51 of the Trusts (Guernsey) Law 2007. Hannah Southon and Alison Meek explain ‘While some of the considerations discussed in BCD may be relevant, a more flexible test is required in order for the court to achieve justice on behalf of …

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Introduction: A choice selection

New Square Chambers | Trusts and Estates Law & Tax Journal | April 2012 #135
Nicholas Le Poidevin QC introduces an issue devoted to articles by New Square Chambers ‘Private client work gives rise to a dense variety of disputes hard to match in any other area of legal practice. We hope that readers will find this special issue of the Trusts and Estates Law & Tax Journal both useful …

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Trusts: ‘Puppet masters’ beware

New Square Chambers | Trusts and Estates Law & Tax Journal | April 2012 #135
Mark Hubbard explains the ramifications of a case in which the Court of Appeal upheld an order against settlors to disclose trust documents under their ‘control’ ‘ North Shore is a further example of a hardening of English judicial attitudes against those who are seen as using corporate and trust structures as devices to commit …

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Update: Hot off the press

Herbert Smith Freehills LLP | The Commercial Litigation Journal | July/August 2011 #38
Anna Pertoldi and Maura McIntosh contemplate some recent decisions with practical implications for various aspects of litigation including privilege, expert witnesses, and Part 36 offers ‘The dividing line between circumstances where litigation is reasonably in prospect and where it is merely a possibility is not always clear.’A xa Seguros SA De CV v Allianz Insurance …

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