Offshore: A sting in the tail?

Ogier | Trusts and Estates Law & Tax Journal | May 2021 #223
Recent Cayman Islands case law has focused on the effect of firewall and forum of administration provisions on trusts. Rachael Reynolds and Deborah Barker Roye examine current judicial thinking and how principles apply in England and Wales While the firewall legislation provides robust protection for Cayman trusts against attack from orders of foreign courts… it …

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Trust validity: Oh what a tangled Webb we weave

Farrer & Co | Trusts and Estates Law & Tax Journal | April 2021 #222
Tom McPhail reports on the Privy Council decision in Cook Islands case Webb which scrutinises the trust structure and the true reach of the settlor If the powers retained by a settlor are so extensive and of such a nature that they amount to an uncontrolled power to recover the trust property, then the settlor’s …

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Divorce: A matter of trust

Charles Russell Speechlys LLP | Trusts and Estates Law & Tax Journal | April 2019 #205
Oliver Auld gives the lowdown on what happens to trusts in the event of a divorce ‘Trustees need to be aware of not only the range of orders the family courts can make in relation to trust assets, but also the strategies they should potentially be adopting in the best interest of their beneficiaries, both …

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Injunctions: Let me know before you go go

Lamb Chambers (Chambers of Mark West) | The Commercial Litigation Journal | January/February 2017 #71
David Sawtell assesses the utility of notification injunctions ‘An applicant who has successfully obtained a notification injunction should be ready to apply back to court for a full freezing injunction if they are notified or become aware of a transaction or transactions that will damage their position.’ In Holyoake v Candy [2016] Nugee J gave …

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