Members of Chambers are regularly involved in contentious trusts work, including offshore trusts litigation, and in asset tracing. We also act and advise in relation to the regulatory trusts of client money and client assets in the context of modern financial services regulation. We have significant experience across the full range of trust-related proceedings involving numerous jurisdictions and complex structures, including the creation, administration and dissolution of trusts. We advise trustees and other fiduciaries, beneficiaries and creditors; supporting them through dispute resolution, insolvency, restructuring and litigation.
Cases of particular note include Re Polly Peck, which rejected the notion of remedial constructive trusts in English law; BCCI v Akindele, which redefined the test for knowing assistance in breach of trust; and Re Lehman Brothers International Europe (No 2), in which the Supreme Court affirmed the claims theory in relation to client money trusts. Important cases involving private client trust disputes include Thyssen, Crociani and the JC Bamford estate.