March 2012 #134 – Law Journals

Foundations: Back to basics

K L

Stewart Jordan and David Kilshaw outline what the UK practitioner needs to know about foundations ‘Foundations do not, in our experience, occur regularly in the day-to-day business of a UK tax adviser. When they do occur, they are often unwelcome – simply because they are unusual and hence difficult to analyse.’ The purpose of the …

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Switzerland: Off-piste pragmatism

Helen Ratcliffe analyses the UK/Swiss tax agreement and the implications for trusts ‘The agreement provides for enhanced exchange of information between the tax authorities of the two countries, beyond that already provided by the existing double taxation agreement.’ Many UK-resident individuals will have family money in Swiss bank accounts that may have been there for …

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Will Drafting: Proceed with caution

Austin v Woodward clarifies the limits of ‘clerical error’ as a ground for rectification, as Michael O’Sullivan explains ‘Many cases of rectification are effectively uncontested because the solicitor draftsman and their insurers have an interest in the application succeeding.’ The case of Austin v Woodward & anor [2011] concerned an application for rectification of a …

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Equitable Tracing: A change in English law

In his concluding article Sukhninder Panesar examines the impact of Sinclair Investments Holdings SA v Versailles Trade Finance Ltd & ors ‘Despite the decision of the Privy Council in Reid, there was a considerable body of academic opinion that suggested that a claimant’s right to trace property in equity depended not only on the finding …

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Constructive Trusts: House rules

Amin v Amin is an interesting application of the test in Stack v Dowden, as Sofie Hoffman discusses ‘This article considers only a discrete part of the judgment relating to the determination of the beneficial interests in Kingswood Manor, particularly given the complex family relations, both business and domestic, which were governed by a mixture …

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Musings From Manchester: The best provision for practice

Geoffrey Shindler argues that a legal education begins with literature ‘We cannot begin to advise clients unless we understand their own predicaments, often understanding them to a degree beyond which they understand them. One of the sad consequences of specialisation is the loss of the big picture.’ What is it that is irreplaceable when lost …

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Charities: Helping hand

Sam Macdonald and Elizabeth Jones review the decision in the ISC’s judicial review of Charity Commission guidance on public benefit ‘The emphasis upon trustees’ discretion, rather than prescription by the Commission or any other authority, will, of course, have practical consequences.’ On 13 October 2011, the Upper Tribunal (Tax and Chancery Chamber) released its decision …

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