2020 Agenda

Tuesday February 25, 2020

6:30 PM - 10:00 PM | Global Elite Membership Dinner

This dinner is hosted by Charles Lloyd, Macfarlanes and Anthony Poulton, Baker McKenzie. It is for the members of the Global Elite. If you would like to attend, please contact Ryan Lomas on RLomas@alm.com.


Anthony Poulton - Baker McKenzie
Charles Lloyd - Macfarlanes LLP

Wednesday February 26, 2020

4:00 PM - 6:00 PM | Four Seasons Hotel welcome arrival and check in

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


6:15 PM - 7:00 PM | Welcome drinks



7:00 PM - 7:05 PM | Welcome from the co-chairs


Dakis Hagen QC - Serle Court
Nicholas Holland - McDermott Will & Emery

7:05 PM - 7:45 PM | Litigation and exotic assets: Cars, carats, cabernet, crypto and cannabis stocks

This welcome session debates which trust investment, across a range of exotic assets, poses the greatest risk of litigation.  What specialist features will such litigation have?


Joshua Rubenstein - Katten Muchin Rosenman LLP
Jonathan Speck - Mourant Ozannes
Alasdair Davidson - Bedell Cristin

7:45 PM - 9:00 PM | Welcome dinner



Thursday February 27, 2020

8:00 AM - 9:00 AM | Legitimate children, trusts and human rights

In the light of the incorporation of European human rights principles into the constitutions of many offshore jurisdictions, this session examines how long-hallowed certainties in the interpretation of trusts and testamentary instruments are being revolutionised by constitutional prohibitions against non-discrimination.


Rod Attride-Stirling - ASW Law
John Machell QC - Serle Court
Mark Lindley - Boodle Hatfield LLP

9:00 AM - 10:00 AM | Sub-strata of trusts – a new line of attack?

  • Assessing the inherent limits to trustee powers
  • Can trustees achieve anything they like if they have powers of amendment, coupled with addition and removal powers?
  • What are the litigation risks of planners becoming drunk on decanting?

Fozeia Rana-Fahy - MJM
Elspeth Talbot Rice QC - XXIV Old Buildings

10:00 AM - 10:45 AM | Are anti-Bartlett clauses of any use?

  • Zhang Hong Li and another v DBS (Hong Kong) Ltd and others appeal: Anti Bartlett clauses and their future
  • How should trustees be looking to protect themselves?
  • Permission to appeal (on everything?)
  • Proper approach to equitable compensation
  • Can a court give a gloss to an expert opinion?
     

Anthony Poulton - Baker McKenzie
Shân Warnock-Smith QC - 5 Stone Buildings/ICT Chambers
Keith Robinson - Carey Olsen Bermuda

10:45 AM - 11:15 AM | Networking break



11:15 AM - 12:00 PM | Comparative law treatment of trusts on divorce

Comparing and contrasting recent cases from England, the USA, Hong Kong, Switzerland, New Zealand and Australia, as to whether Family Judges are finally giving respect to trusts on divorce.


Mark Harper - Hughes Fowler Carruthers
Tina Wuestemann - Bar & Karrer
Marilyn Chinitz - Blank Rome

12:00 PM - 1:00 PM | Interactive Focus Groups: Trustees: Claimant, investigator and prisoner?

Trustees: Claimant, investigator and prisoner?

  • How do trustees manage fraud claims under civil fraud litigation and what is the impact?
  • What is the correlation with criminal proceedings?

Marco Cerrato - Maisto e Associati
Sue Millar - Stephenson Harwood LLP
Addy Schmitt - Miller & Chevalier

12:00 PM - 1:00 PM | Interactive Focus Groups: Revocable trusts and beneficiary standing

Revocable trusts and beneficiary standing

This breakout focuses on the cross-jurisdictional differences in how we approach revocable trusts and beneficiary standing, with the different approaches across the UK and US.


Andrew De La Rosa - ICT Chambers
Christen Douglas - McDermott Will & Emery LLP
Robert Christie - Dickinson Gleeson

12:00 PM - 1:00 PM | Interactive Focus Groups: Insolvent trusts: Where are we with Z Trusts and are there more insolvent trusts than we think?

Insolvent trusts: Where are we with Z Trusts and are there more insolvent trusts than we think?

  • Impact of the recent CA decision in Z Trusts
  • Do recent onshore tax changes mean that there are more insolvent trusts than we think?

 


Elaine Gray - Carey Olsen
Emma Jordan - Taylor Wessing
James Rivett QC - Pump Court Tax Chambers

12:00 PM - 1:00 PM | Interactive Focus Groups: Navigating the equitable remedy maze in the post Watson v Kea era

Navigating the equitable remedy maze in the post Watson v Kea era

  • When to apply for an account and in what form
  • How to boost your quantum after Watson v Kea

Jeremy Gordon - Farrer & Co LLP
Peter Steen - Mishcon de Reya
Steven Elliott - Chambers of Lord Grabiner QC

1:00 PM - 2:00 PM | Lunch



2:00 PM - 3:00 PM | Interactive Focus Groups: International family provision claims

International family provision claims

  • The impact of family provision claims across different jurisdictions, including issues surrounding the domicile of the deceased

Henry Hickman - Sinclair Gibson
Graeme Kleiner - Charles Russell Speechlys
Michael Cash - Penningtons Manches Cooper LLP

2:00 PM - 3:00 PM | Interactive Focus Groups: Cross jurisdictional privilege: Under attack?

 Cross jurisdictional privilege: Under attack?

  • Navigating ranging privilege rules, from the German Volkswagen case, to France’s “off the record” rules and more.

Johannes Gasser - Gasser Partner
Roberta Harvey - Forsters
Andreas Richter - P+P Pöllath + Partners
Morven McMillan - Maples and Calder

2:00 PM - 3:00 PM | Interactive Focus Groups: Bermuda’s s. 47 regime

Bermuda’s s. 47 regime

  • The rights of beneficiaries when altering the terms of trusts
  • Can you use Section 47 in a divorce or planning context, including the expediency test?
  • Exporting trusts across jurisdictions, including the impact of non-traditional families
  • The view from other jurisdictions: challenges to moving trusts to Bermuda where trustees cannot do what they want under the governing law

James Price - Stewarts Law
Jeffrey Elkinson - Conyers
Jeremy Kosky - Clifford Chance LLP

2:00 PM - 3:00 PM | Interactive Focus Groups: Rusnano v Molard: Are you still protected? Tax & trustee obligations

Rusnano v Molard: Are you still protected? Tax & trustee obligations

  • Has the offshore world departed from the onshore world when it comes to the beneficiaries right to terminate trusts?
  • The extent and limits of the rule in Saunders v Vautier

Jonathan Arr - Macfarlanes
Rupert Morris - Walkers

3:00 PM - 4:00 PM | Keynote: In conversation with... The Rt Hon Lord (Charles) Falconer



4:00 PM - 7:00 PM | Leisure time



7:00 PM - 8:00 PM | Champagne reception



8:00 PM - | Gala Dinner



Friday February 28th, 2020

9:55 AM - 10:00 AM | Opening remarks from co-chairs


Dakis Hagen QC - Serle Court
Nicholas Holland - McDermott Will & Emery

10:00 AM - 11:30 AM | "Off the record" - the client’s view: What are the experiences and fears of trustees embroiled in, or trying to avoid, international trust litigation?

  • Problems with protectors: Long established structures and the NextGen
  • Assisted dying – risks and implications for estates (Canada and Swiss – implications for trustees and litigators)                                                                                     
  • Aggressive correspondence – helpful or hindrance 
  • Problems of witnesses after taking over a structure or when directors associated with the file have retired, died or disappeared
  • Trustees – when, after being threatened with litigation, is it right to retire?
  • Is it time for project managers in international trust and estates litigation? 
  • When is a letter of wishes too old to be of significant guidance to trustees faced with competing demands from beneficiaries?

Mark Barmes - Lenz & Staehelin
Stella Mitchell-Voisin - Summit Trust
Rupert Ticehurst - Maurice Turnor Gardner

11:30 AM - 12:00 PM | Networking break



12:00 PM - 12:50 PM | Pakistan v Prince Mukkaram Jah & Ors

Alleged acts of state, gun-running, geo-politics, the fall of the Raj and a great dynasty come together in this extraordinary episode of trust litigation in which judgment was given in London in 2019.
 


Paul Hewitt - Withers LLP
Eason Rajah QC - Ten Old Square

12:50 PM - 1:50 PM | Lunch

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


1:50 PM - 2:30 PM | Conflict of laws: Exclusive jurisdiction clauses in trusts


Elliott Phillips - Signature Litigation
Rachael Reynolds - Ogier
Brian Simms QC - Lennox Paton

2:30 PM - 3:00 PM | My court process is better than yours

Panellists have 5 minutes to pitch against the clock as to whether their jurisdiction’s court process is better than others:

  • The availability of expedited judicial processes to trust and estate matters; what has worked, what has not and what the future may hold?
  • Comparing processes such as: robust summary judgement, broad rights of disclosure, disclosure witness evidence, legal professional privilege, rights of amendment, pleadings, summary judgment rules, oral deposition, transparency of court records
     

Daniel Dochylo - Borden Ladner Gervais
Sandrine Giroud - LALIVE SA
Claire Goldstein - Harneys
Damian James - Collas Crill
Thelma Kwan - Thelma Kwan
Adam Streisand - Sheppard Mullin

3:00 PM - 3:15 PM | Co-chairs' closing comments


Dakis Hagen QC - Serle Court
Nicholas Holland - McDermott Will & Emery