News & Events
News & Events
Elaine Palser has written an article titled Proprietary Estoppel and the Position of the Stranger in Trusts & Trustees Vol. 29, No. 3, 2023, pp. 1–11 (OUP). The article examines the position of a stranger in two principal scenarios, and the implications for strangers of the possible outcomes to these scenarios. First, if A makes a promise to B that C will receive A’s property if B advances monies to A, can the promise be enforced to benefit C who is a stranger to the promise? Secondly, if A makes a promise to B that B will receive A’s 50% share in a property if B advances monies to A, but A then enters into a declaration of trust with…
Private Client & Trusts, Legal Blog & Publications 2 Feb, 2023
Outer Temple’s David Russell KC has written a chapter in the latest edition of Asia-Pacific Trusts Law (Volume 2) on adaptation in a Civil Law and Sharia context. Asia-Pacific Trusts Law, Volume 2; Adaptation in Context, published by Hart Publishing, is now available to purchase online on Bloomsbury.com. This edition, edited by Ying Khai Liew and Ying Chieh Wu, features David Russell KC in Part III Commercial Adaptation. He contributes Chapter 8 to the edition, on ‘Adaptation in a Civil Law and Sharia Context: Trusts and Foundations in the Gulf Region’. This book brings together leading legal scholars and practitioners from across the Asia-Pacific region to probe the ways in which trusts law has been adapted by various jurisdictions, and…
Private Client & Trusts, Legal Blog & Publications, International 21 Dec, 2022
Outer Temple’s David Russell QC contributed to a Bloomberg Tax article called ‘Navigating Estate and Succession Planning in the Middle East’. The article explores the topic of proper estate and succession planning being key to Middle East families’ long-term financial security. David Russell QC contributed to a publication by Bloomberg Tax called ‘Navigating Estate and Succession planning in the Middle East’. The article draws upon the idea that there is a massive generational wealth transfer happening in the Middle East and that many families are unprepared for this. It then goes on to explain how wealth is distributed in different situations. Please click here to read the full article. This article was published on July 28th, 2022, and was primarily…
Private Client & Trusts, Legal Blog & Publications, International 1 Aug, 2022
Outer Temple’s David Russell QC was recently published in the Case Focus section of LexisNexis’ June 2022 Edition of ‘Lexis Middle East HR Alert’. ‘Lexis Middle East HR Alert’ is a magazine by LexisNexis providing HR professionals with relevant fast-moving legal changes and business developments impacting HR in the Middle East. Within the Case Focus section, David Russell QC addresses a DIFC Court proceeding case entitled ‘The Industrial Group Ltd v Abdelazim EI Shikh El Fadil Hamid’. The case involves allegations of a previous employee dishonestly transferring company group funds to his personal bank account. Within the Case Focus, David explores: what happened, the outcome and any particularly significant aspects of the case. Please click here to access the full…
Private Client & Trusts, Legal Blog & Publications, International 24 Jun, 2022
In Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue, David Russell QC acted successfully for the plaintiff, with the Australian court finding that the thoroughbred horse breeding properties were exempt from land tax. Factors included, the uneconomic nature of the racing operations viewed as a stand-alone operation, as important reasoning for finding the dominant use of the land was for the maintenance of animals to sell their bodily produce. The plaintiff, Godolphin Australia Pty Ltd, is part of the global thoroughbred breeding operation and horseracing team founded by the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum. Represented by David Russell QC, it sought a review under s97(1) of the Taxation Administration Act 1996 (NSW) of an unfavourable…
Private Client & Trusts, News, International 3 May, 2022
Discharging a deputy is not a step that would be taken lightly and professional deputies should not expect to step aside merely because they consider it to be necessary. Alex Cisneros’ article is published in Trusts and Estates Law & Tax Journal where he discusses a recent case concerning discharging deputies in the Court of Protection. In this article, originally published in Trusts and Estates Law & Tax Journal, Alex Cisneros considers the circumstances when a court will discharge a deputy. He explores the case of Kambli v The Public Guardian [2021] EWCOP 53 in which Claire van Overdijk, also of Outer Temple Chambers, appeared as counsel for the applicant. Discharging a Court of Protection deputy is not a step…
Private Client & Trusts, Legal Blog & Publications, News 7 Apr, 2022
David E. Grant has published an article in the latest edition of the ThoughtLeaders4 Private Client magazine looking at the evolving concept of the protectors’ power of consent. Three recent cases in three different jurisdictions have considered a hitherto unexplored question in the law of trusts – what is the scope of a protector’s power of consent? The three cases were PTNZ v AS & Ors [2020] EWHC 3114 (Ch) in the English High Court, In the matter of the X Trusts [2021] SC (Bda) 72 Civ in the Supreme Court of Bermuda, and In the matter of the Piedmont Trust and Riviera Trust, Jasmine Trustees & Anor v M & Ors [2021] JRC24 in the Royal Court of Jersey.…
Private Client & Trusts, Legal Blog & Publications, News 23 Feb, 2022
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