News & Events

Private Client & Trusts

Alex Cisneros praised by Court of Protection in 'multiple litigant-in-person' care costs case

Alex Cisneros praised by Court of Protection in ‘multiple litigant-in-person’ care costs case

Outer Temple’s Alex Cisneros, has been praised by the Court of Protection for “exemplary professionalism” in “trailblazer” case involving the Public Guardian and 8 litigants in person. The case involved a 96-year-old woman with a diagnosis of Alzheimer’s disease. Her six children and one of their spouses were all parties to the proceedings but were unrepresented. The case involved several applications from the person’s attorney for gratuitous care payments, retrospective approval of gifts and authorisation of future renovation work to the attorney’s property. In concluding the proceedings, the court thanked Alex Cisneros, the sole barrister in this case, for his “exemplary professionalism in what was … well, I’m not aware of any other case involving eight litigants in person” –…

News 17 May, 2024

Outer Temple's, Elaine Palser will be speaking at the Trusts and Litigations event in Budapest, hosted by ConTrA and Informa Connect on the Thursday 21st March 2024.

Elaine Palser to speak at the ConTrA & Informa Connect Event: Trusts in Litigation 2024

Outer Temple’s Elaine Palser will be speaking at the Trusts in Litigation event in Budapest, hosted by ConTrA and Informa Connect on Thursday 21st March 2024. ConTra and Informa Connect are teaming up from the 20th-22nd of March at the Budapest Marriott Hotel, Hungary, to bring a programme that covers a broad array of issues in trusts litigation. The speaker line-up consists of some of the most senior and knowledgeable figures within the trusts litigation field. Elaine Palser will be speaking alongside Erin Trimble-Cregeen of Appleby and Timothy Sherwin of XXIV Old Buildings on the topic of ‘Court intervention: shortcut or the scenic route’. The workshop will take place on Thursday 21st March 2024 from 10:30-11:30. ‘Court intervention: shortcut or…

News 5 Feb, 2024

David Russell KC to speak at the Private Client Informa Connect Conference in Dubai

David Russell KC to speak at the Private Client Informa Connect Conference in Dubai

Outer Temple’s David Russell KC will be speaking at the Private Client Informa Connect Conference on Cross-Border Planning: Wealth Management Solutions for the New Age Business Family between 25th and 26th October 2023, at the Sofitel Dubai Downtown. The Informa Connect Conference will focus on key issues facing the internationally mobile private client discussed by both local and international practitioners. Topics will include succession planning, immigration, family governance and family offices, and business law developments. The two-day event will start off with a pre-conference dinner on 25th October followed by a full-day conference on 26th October with various speakers. David Russell KC will act as moderator alongside speakers Yasmine Omari of EY and Cynthia Trench of Trench & Associates as…

Events 6 Sep, 2023

Bianca Venkata published in Trusts & Trustees latest journal article

Bianca Venkata published in Trusts & Trustees latest journal article

Bianca Venkata has written an article titled Bhaur and others v Equity Trustees and others [2023] EWCA Civ 534—when will equity set aside a voluntary disposition for mistake? The article highlights Bhaur and others v Equity Trustees and others [2023] EWCA Civ 534. The Court of Appeal handed down its decision on 18 May 2023. The Court declined to grant equitable relief to set aside the transfer of the Claimants’ family wealth into an employment benefit trust. This was despite the fact that the Claimants had acted on dishonest advice and the catastrophic financial consequences of the transaction. The Court found that as the Claimants were aware of the nature of the tax avoidance scheme, it would not be unconscionable to…

External Publications 21 Jul, 2023

David Russell KC has been published in Bloomberg Tax on the topic of family wealth in Dubai

David Russell KC has been published in Bloomberg Tax on the topic of family wealth in Dubai

Outer Temple’s David Russell KC was recently published in a Bloomberg Tax article called ‘Dubai Family Wealth Takes the Stage With New Planning Center’. Dubai is making it easier than ever for large family businesses to sustain themselves over time. Dubai has worked hard to position itself an attractive jurisdiction for businesses, including family businesses. It had no personal or corporate income taxes until recently, when it introduced one of the world’s lowest corporate income tax rates of 9% to comply with the OECD’s Global Tax Deal. David Russell KC was recently published in a Bloomberg Tax article called ‘Dubai Family Wealth Takes the Stage With New Planning Center’ alongside Esquire Group’s Jimmy Sexton. Read the full article Please click here to…

External Publications 14 Jun, 2023

Expansion of Outer Temple Chambers’ Middle East Team

Expansion of Outer Temple Chambers’ Middle East Team

Outer Temple Chambers is delighted to announce the expansion of the Middle East team. Three impressive international lawyers join us in Dubai, broadening our client specialist services in commercial law, private wealth and Islamic law. Oliver Agha brings extensive experience in Islamic Law and Walid Chiniara in ultra-high net worth (UNHW) Middle Eastern families governance. Shabana Saleem specialises in private wealth. They will work alongside our existing Dubai based members David Russell KC, Philip Punwar and Sean Yates in the International Team, covering international arbitration and commercial matters. Oliver, Walid and Shabana enhance the strong team of Outer Temple barristers already successfully working in the DIFC and Middle East markets and the wider team of international commercial specialists working from London…

News 16 May, 2023

Elaine Palser_Mendy claim

Elaine Palser successful in polygamous marriage claim

Elaine Palser acted successfully for the executors of the will of Mary Mendy in their claim to revoke letters of administration on the ground that Ms Mendy’s purported marriage was void because it was a polygamous marriage.  In English law, a valid marriage revokes any will executed prior to marriage.  Master Pester found that the defendant (Ms Mendy’s purported husband) was already married at the time Ms Mendy and the defendant purported to marry in Gambia.  He also found that Ms Mendy was domiciled in England at the time of the alleged marriage and so English law did not permit her to enter into a polygamous marriage, even if the marriage was valid in Gambian law.  The claimants said that…

News 6 Mar, 2023

Elaine Palser at ACTAPS

Elaine Palser speaking at ACTAPS Lunchtime Lecture

Elaine Palser will be giving the Association of Contentious Trust and Probate Specialists (ACTAPS) lunchtime lecture on Monday 6th March 2023 at Blake Morgan in London.  ACTAPS (Association of Contentious Trust and Probate Specialists) is a forum for specialists in the field of contentious trust and probate law. The forum aims to exchange experience, know-how and an appreciation of the law and statutes in this specialist area. ACTAPS holds seminars, conferences and meetings for members including a series of lunchtime lectures. Elaine Palser has been invited to talk at the next lunchtime lecture, taking place on Monday 6th March in the offices of Blake Morgan, London. Her talk is entitled “Twists and Turns in Proprietary Estoppel” and will consider the…

News 28 Feb, 2023

Elaine Palser published in latest edition of Trusts & Trustees

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…

External Publications 2 Feb, 2023

David Russell QC contributed to Bloomberg Tax article ‘Navigating Estate and Succession Planning in the Middle East’

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…

External Publications 1 Aug, 2022

David Russell QC acts successfully for Godolphin Australia Pty Ltd, owned by HH Ruler of Dubai, in thoroughbred horse breeding dispute

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…

News 3 May, 2022

Protectors' Power of Consent

‘The Protectors’ Power of Consent’ – David E. Grant is published in TL4 Private Client Magazine

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.…

External Publications 23 Feb, 2022

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