2019 Agenda

Thursday, March 7, 2019

1:00 PM - 2:15 PM | Hotel Camiral Welcome Lunch

Time to prepare for an exciting and thrilling three days. Fuel up and get set for a stimulating and thought-provoking ride.

2:15 PM - 2:30 PM | Welcome from the co-chairs

Dakis and Nick will set the scene for the next three days, highlighting key themes and topics that have been on our minds over the past 12 months.
 
SPEAKERS:
Dakis Hagen QC, Serle Court, UK 
Nicholas Holland, McDermott Will & Emery, UK

2:30 PM - 3:15 PM | Trustees and their chequebooks: Developments in the law of breach of trust

Developments in trustee liability since Crociani, DBS Bank (Hong Kong) Ltd and Spartan Capital Limited.
 
SPEAKERS:
Shân Warnock-Smith QC, ICT Chambers, UK
Elizabeth Jones QC, Serle Court, UK
Eason Rajah QC, Ten Old Square, UK
Anthony Poulton, Baker McKenzie, UK

3:15 PM - 3:20 PM | Break to change rooms


3:20 PM - 4:20 PM | Interactive Focus Groups

(A) Cryptocurrency and other digital assets: A challenge for trust and estate litigators for the future? 
As the rise of digital assets becomes ever more popular, this focus group analyses the increased importance of a new category of trust litigation disputes for the future. 
 
SPEAKERS: 
Keith Oliver, Peters & Peters, UK
Philipp
Büchel, Founder, Blockchain Büro, Liechtenstein 

(B) Litigation funding: A game changer for trust litigation?
This breakout debates the impact of litigation funding on trustees (as both claimants and defendants).
 
SPEAKERS:
Christian Hay, Collas Crill, Guernsey
Damon Parker, Harcus Sinclair, UK
Nicole Buncher, Clifford Chance, UK
 
(C) Beddoes, blessings and what comes with them today:
The hotly debated question of when it is appropriate for trustees and personal representatives to seek court sanction for a particular course of action leads on to consideration of what they might be letting themselves in for if they do.
 
In this interactive session we will discuss recent issues in this often problematic area, including contested blessing applications, restrospective Beddoe relief and dilemmas created by regulatory/compliance obligations and confidentiality.
 
SPEAKERS: 
Annemarie Hughes, DQ Advocates, Isle of Man
Andrew De La Rosa, ICT Chambers, Cayman Islands
Roberta Harvey, Forsters, UK

(D) Arbitration for trust disputes. Time to stop talking about it?

SPEAKERS: 
Jeffrey Elkinson, Conyers Dill & Pearman, Bermuda

4:20 PM - 4:50 PM | Coffee Break


4:50 PM - 5:40 PM | Conflict of laws: International probate

- ​​​​Jurisdiction complexities in the context of HNWIs with cross-border lives, including the stark differences in regards to discovery, trial procedures and practices between common law and civil law jurisdictions, and among nations within each
- Increased importance of court intervention: Capacity, undue influence, court drafted wills and other theories for contesting instruments and establishing jurisdiction to assert such theories
SPEAKERS:
Gilead Cooper QC, Wilberforce Chambers, UK
Line-Alexa Glotin, UGGC Avocats, France
Adam F. Streisand, Sheppard Mullin, USA
Carlos de Serpa Pimentel, Appleby, Cayman Islands
Jonathan Arr, Macfarlanes, UK

5:40 PM - | End of Day One


7:00 PM - 7:45 PM | Evening cocktails


7:45 PM - | Welcome dinner at Hotel Camiral


Friday, March 8, 2019

8:00 AM - 9:00 AM | Capabilities and competition in trustee appointments and ramifications for litigation

A review and analysis of recent judicial commentary from multiple jurisdictions on:

- The qualities and/or suitability of appointing particular trustees in the context of litigation

- The significance to the appointment process of potential conflicts of interest between related corporate entities

- The advent of other professional firms or individuals competing in this sector, i.e. trustees-in-bankruptcy and accounting firms seeking fiduciary appointments in trust and estates

- The impact of PTCs and ownership structure

SPEAKERS:
Daniel Dochylo, Borden Ladner Gervais, Canada 
Stella Mitchell-Voisin, Summit Trust, Switzerland
Stephen Richards, Withers, UK
Nicola Roberts, Harneys, Hong Kong

9:00 AM - 9:10 AM | Opening Remarks


9:10 AM - 10:00 AM | Insolvent trusts: The inside track in the year of the Re Z Trusts

What are the duties of trustees and the exercise of fiduciary powers in insolvent situations? What sort of insolvency regime, if any, should apply? What is the impact on insolvent trusts and the order of priority for creditors? How does the US deal with insolvent trusts, as referred to in Investec v Glenalla?
 
SPEAKERS:
Justin Harvey-Hills, Mourant Ozannes, Jersey
Nicole Mann, McDermott Will & Emery, USA
Bernadette Carey, Carey Olsen, Cayman Islands

10:00 AM - 10:40 AM | In conversation with…The Rt Hon. The Lord Mance P.C.

Elspeth Talbot Rice QC, XXIV Old Buildings, UK
The Rt Hon. The Lord Mance P.C., Former Deputy President of the Supreme Court, UK

10:40 AM - 11:10 AM | Coffee Break


11:10 AM - 12:10 PM | Enforcement of judgments post- Brexit

What’s going to happen next? 
 
SPEAKERS:
Prof Jonathan Harris QC (Hon.), Serle Court, UK 
Mark Barmes, Lenz & Staehelin, Switzerland

12:10 PM - 1:15 PM | Interactive Focus Groups

(A) Representation for those who cannot represent themselves
This breakout focuses on the ranging jurisdictional treatment of those who cannot represent themselves in trust litigation, including unborn children, those who are un-locatable, have capacity issues or are under undue influence in contesting instruments and establishing jurisdiction to assert such theories, including whether the provisions used in trusts are realistic and the differences across jurisdictions.
 
SPEAKERS:
Suzanne Marriott, Charles Russell Speechlys, UK
Morven McMillan, Maples and Calder, Cayman Islands
David Rees QC, 5 Stone Buildings, UK
 
(B) Devising creative tax strategies to bring an end to litigation 
This breakout highlights the creative means that tax can be used to devise a settlement between parties otherwise intent on litigation.
 
SPEAKERS:
Joshua S. Rubenstein, Katten Muchin Rosenman, USA
Marco Cerrato, Maisto e Associati, Italy 
 
(C) USA trusts: Equal to their offshore brethren?
Comparing and contrasting US trust capability against the dangers and benefits of dealing with offshore.
 
SPEAKERS:
Jason Scott, Osborne, Helman, Knebel & Scott, USA
Keith Robinson, Carey Olsen, Bermuda
Monica S. Asher, McDermott Will & Emery, USA
 
(D) Game theory and psychology in trust litigation
Cognitive biases, cognitive dissonance, making predictions, assessing probabilities and the psychology of negotiation in the context of trust litigation.  

SPEAKERS:
Jessica Henson, Bryan Cave Leighton Paisner, UK
Sam Roberts, Cooke, Young & Keidan, UK

1:15 PM - 2:45 PM | Lunch


2:45 PM - | Afternoon Leisure

The Forum is not just about the content you receive in the formal sessions, but the crucial piece of information that you pick up whilst enjoying one of a choice of leisure activities.


7:00 PM - 7:30 PM | Cocktail Reception


7:30 PM - | Gala Dinner


Saturday, March 9, 2019

10:00 AM - 10:15 AM | Opening remarks from co-chairs

SPEAKERS:
Dakis Hagen QC, Serle Court, UK
Nicholas Holland, McDermott Will & Emery, UK

10:15 AM - 11:00 AM | Litigation showcase: My case is bigger than yours

This panel seeks to provide a snapshot summary of juicy new cases from the past year which have featured in trust litigation. Each update is limited to a succinct 5 minute summary, to maximise time for information overload. 
 
SPEAKERS:
Mathew Newman, Ogier, Guernsey
Shelley White, Walkers, Cayman Islands
Thelma Kwan, TM Kwan, Hong Kong
Elliott Phillips, Signature Litigation, Gibraltar 
Hannes Arnold, Gasser Partner, Liechtenstein
Michael Mylonas QC, Serjeants' Inn Chambers, UK

 

11:00 AM - 12:00 PM | Legal professional privilege: Under attack?

- The recent impact of challenges to legal professional privilege
- Multi-jurisdictional analysis of losing legal privilege across the US, UK offshore and civil jurisdictions
- The use of the iniquity exception

SPEAKERS:
Hodge Malek QC, 3VB, UK
Andrea Zavos, Boodle Hatfield, UK
Rupert Ticehurst, Maurice Turnor Gardner, UK

12:00 PM - 12:45 PM | New enforcement strategies in divorce awards against trustees: Akhmedov and beyond

From piercing the corporate veil, parasitic submission to the jurisdiction and worldwide freezing orders.
 
SPEAKERS:
Mark Harper, Hughes Fowler Carruthers, UK
David Kavanagh QC, Skadden, Arps, Meagher & Flom, UK
Brian Lacy, Ogier, BVI
Fozeia Rana-Fahy, MJM Barristers & Attorneys, Bermuda

12:45 PM - 1:00 PM | Co-chair’s closing comments

SPEAKERS:
Dakis Hagen QC, Serle Court, UK
Nicholas Holland, McDermott Will & Emery, UK

1:00 PM - | Lunch

Join us for a light lunch before the transfer back to the airport