Chancery Bar Jersey Seminar 2014

Three hours CPD accredited by the BSB

The programme is currently as follows:

1.45pm Registration & Coffee

2.15pm Welcome by Penelope Reed QC, Chair of the Chancery Bar Association

PART ONE

Chair: The Deputy Bailiff of Jersey, Mr William Bailhache

Robert Pearce QC, Radcliffe Chambers:

Extent of a trustee’s liability in respect of transactions affecting a trust

• What law governs the issue?
• Article 32 of the Trusts (Jersey) Law 1984 (TJL);
• Comparison of Article 32 TJL with the laws of other trust jurisdictions;
• The recent decision of the Guernsey Court of Appeal in Investec & others v Glenalla.

Amanda Hardy, 15 Old Square:

Tax Update for Trusts

• FA 2014
• Follower notices
• Accelerated payments
• Appeals: substantive appeals and judicial review
• The application of the ECHR
• The implications of Fisher v HMRC [2014] UKFTT 804
• HMRC's announcement on 4 August 2014: the use of foreign income and gains as collateral security

Henry Legge QC, 5 Stone Buildings:

Claims against trusts with underlying companies

• Is reflective loss a problem for claimants in breach of trust actions ?
• If so, how do you deal with it and what are the practical implications for litigation in Jersey and elsewhere ?

3.45pm Refreshment Break

4.15pm                 PART TWO

Keynote Address by Sir Michael Birt, Bailiff of Jersey

4.30pm Chair: David Halpern QC, 4 New Square

Sarah Bayliss, xxiv Old Buildings:

Mission Creep: the Rise and Rise of Fiduciary Responsibility

• Duties of nominee directors in the wake of Dalemont v Senatorov [2012] JRC 061A and Weavering Macro Fixed Income Fund v Peterson [2011] 2 CILR 203.
• ‘Fiduciary responsibility’ of investment professionals in light of the recent English Law Commission Report.
• Duty of good faith in joint ventures after Yam Seng Pte Limited v ITC [2013] 1 Lloyd’s Rep 526 and Ross River Ltd v Waveley Commercial Ltd [2013] EWCA Civ 910.

Ceri Bryant QC, Erskine Chambers:

Unwrapping the present: predicting the future of Jersey's company law reforms

• Solvency statements – the points to watch out for
• Irregular distributions – new fixes for old problems
• Redemptions and buybacks made easy (or easier)
• Ratifying breaches of duty
• Meetings and resolutions get a makeover

Catherine Gibaud QC, 3 Verulam Buildings:

Hot topics for Finance Lawyers

• “Rewriting history” – when can non-reliance clauses be relied upon?
• When is opinion not opinion…but actionable representation?
• When is default wilful?
• When is negligence gross?

6pm Champagne & Canapés Reception

For a downloadable programme, please click here. The Association reserve the right to alter the programme without notice.