This session explores the implications of the Privy Council’s decision in Dawson-Damer, which introduces new uncertainty around what constitutes adequate deliberation by trustees. The session will also examine how the decision intersects with blessing applications, judicial oversight, and the legal status of non-decisions in trust law, as seen in cases like W Trust. We will address the growing pressure on trustees to reach the “right” decision rather than exercising independent discretion, and the emerging tax implications of using variation applications to reverse previously irrevocable exclusions of beneficiaries.

The next wave of litigation won’t just be about what trustees did — but what they failed to do. As economic and geopolitical pressures mount, trustees who “sat on their hands” during difficult times are increasingly exposed to claims. This session will explore emerging risk areas, including criminal investigations affecting trust assets, persistent privacy concerns (notably in Guernsey), crime, and governance failures such as inquorate board meetings and gross negligence. We’ll also examine controversial decisions, such as the Guernsey Court of Appeal’s approval of using one trust’s assets to meet another’s liabilities, and the growing issue of trustees wanting to resign — but being unable to, as seen in recent Liechtenstein cases. For litigators, the landscape is shifting fast — and trustees are firmly in the crosshairs.

Alternative evidence gathering - to what extent can that evidence be used in litigation?

There are so many aspects to the art world and what is broadly thought of as art litigation.  Provenance, authenticity, Nazi looting, dealers overcharging commissions, objects taken from various countries over 100 years ago that are now considered stolen, forgeries.

Trustees are entitled to reasonable fees for their services — but does this financial interest place them in unavoidable conflict with the very beneficiaries they are meant to serve? This debate explores whether the legal framework genuinely resolves the inherent tension between fiduciary duty and remuneration. Are disclosure and court-approved fee regimes enough to “smooth over” this conflict, or do they merely paper over a deeper structural issue? With rising scrutiny on trustee conduct and increasing litigation around trust management costs, this is a question that cuts to the heart of modern fiduciary responsibility.

Recent judgment (Lorenz v Caruana) on a secret trust. A doorway into looking at the law of secret trusts and informal arrangements - promises made in life by the deceased. How vulnerable are these arrangements?

A small, multi-jurisdictional panel will present a problem scenario that pushes beyond conventional trust litigation, touching on legal theory and practical challenges involving non-English-law but trust-like structures (e.g. UAE foundations, Liechtenstein Anstalts) and cross-border enforcement issues (e.g. China, Brazil). The panel will outline key principles, then individuals would work together within their groups to pool ideas and experiences (both theoretical and practical – so from lawyers and from trustees and finance professionals) to devise some ideas on strategy.

Litigators see it all the time: even the most sophisticated structures can’t prevent a determined family member from launching a dispute. This session challenges the idea that complex drafting alone protects against litigation. We’ll explore why early communication and expectation management are more effective tools, and what strategies work when you know a specific family member is likely to cause trouble. Mixture of hard and soft skills - both estates and foundations.

When is a personal representative not a personal representative?  What strategies can be adopted by beneficiaries and creditors resisting civil actions by administrators by undermining their standing?  How can the law of the domicile affect such strategies? What if the estate is insolvent – the panel will discuss recent developments in this sphere from the onshore and offshore world including recent illuminating case law from the BVI. 

Discuss one parent kidnapping a child to take the child off to a different jurisdiction such as Middle East to London or London to Middle East. Also, kidnapping over older relatives (capacity, guardianship) to take to kinder tax jurisdictions, elderly protection laws. There are international treaties that are relevant, and this brings together the criminal law with matrimonial law and general civil law. It is also the sort of thing that private client litigators should know about in general, even if they call in a specialist about it.

PTCs seem to be a hot topic again and a whole host of issues crop up especially where family members or trusted friends are added to the board of the PTC or when there might be a change in focus or direction once the patriarch or matriarch has passed on.  A session about why PTCs are of increasing interest (families wanting increased control and privacy), how they can give rise to conflict (especially if you have someone on the board who is not, by design, independent or when family members fall out), and also how (successfully managed and restructured) they can still be a great tool in a family office structures and assist in family leadership succession. They are being weaponised - how do different jurisdictions deal with them? 

The panel will discuss a succession of landmark decisions from the UK Supreme Court on the nature of a fiduciary, bribes, accounts of profits and constructive trusts. 

Possible leisure activities include falconry and whiskey tasting.

We will be hosting a traditional Scottish ceilidh with a band after dinner, so do bring your dancing shoes!