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
Jeremy Kosky, Clifford Chance, 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
 
(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
 
(C) Retrospective Beddoe: Where are we now?
A primer in basics but also of recent developments, including retrospective Beddoe relief.
 
SPEAKERS: 
Annemarie Hughes, DQ Advocates, Isle of Man
Andrew de la Rosa, ICT Chambers, Cayman Islands

 
(D) TBD
 
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

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 
Ian Mann, Harney Westwood & Riegels, Hong Kong
Stella Mitchell-Voisin, Summit Trust, Switzerland

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

10:00 AM - 10:40 AM | In conversation with… The (Rt Hon. the) Lord Mance

Elspeth Talbot Rice QC, XXIV Old Buildings, UK
The (Rt Hon. the) Lord Mance, 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:
Sir Richard Aikens, Brick Court Chambers, UK
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:
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
 
(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, US
Keith Robinson, Carey Olsen, Bermuda
 

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 | 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

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, 39 Essex Chambers, UK
Andrea Zavos, Boodle Hatfield, 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
Anthony Poulton, Baker McKenzie, UK
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