ChBA Gibraltar Conference

1.15pm-1.45pm

Registration & coffee

1.45pm-1.50pm

Welcome

Amanda Hardy QC
Chair of the Chancery Bar Association

1.50pm-2pm

Keynote Address

Chief Justice Anthony Dudley

2pm-2.30pm

Fiduciary duty vs social conscience?  A changing climate for trustees and investments

• Trustees' powers and duties in relation to investments
• Charities, the Bishop of Oxford case, and legislative reform
• Contemporary practical challenges facing trustees (with a particular focus on potential issues arising regarding climate change)

Edward Cumming QC
(XXIV Old Buildings)

Maxim Cardew
(Maitland Chambers)

2.30pm-3.15pm

Company and Insolvency Law Issues: Developments for the 2020s

Good Faith in the context of relationships between shareholders

• When does an obligation of 'Good Faith' arise in this context, and what is the content of the duty?
• Have long-term and 'relational contracts' evolved into a separate category? Yam Seng v ITC (2013); Bates v Post Office (No. 3) (2019)
• Express contractual obligations of Good Faith - advantages and disadvantages.

Latest developments in security for costs and other matters

• ATE policies - how they may help - how to avoid pitfalls
• cross-undertakings - a shield or a counter-attack?
• stifling - how to walk the tightrope
• The decision in Manolete – progress or a step backwards?

The turnaround toolkit for ailing companies: recent developments in restructuring and voluntary arrangements

• Attempting rescue: what tools are in the kit?
• Restructuring plans: learnings from recent cases
• CVAs and challenges: Re Regis UK Ltd [2021] EWHC 1294 (Ch) and others

David Eaton Turner
(New Square Chambers)

James Pickering QC
(Enterprise Chambers)

David Mohyuddin QC
(Radcliffe Chambers)

3.15pm-3.55pm

Junior Chancery Bar Panel

The Chancery Brief - recent developments

• Matthew v Sedman [2021] UKSC 19:
  When does time start to run in "midnight deadline" cases against trustees in respect of trust property? Can a limitation deadline occur partway through a day?
• Re Fox Street Village Ltd (in administration) [2020] EWHC 2541 (Ch). What powers does the Court have to order the sale of development property free from security interests over it, including those of an off-plan purchaser under a purchaser's lien, when the developer has gone into administration? How will it exercise those powers and what are the effects of it exercising those powers?

• Sevilleja v Marex [2020] UKSC 31. What is the reflective loss principle and when is it engaged? Does the principle affect non-shareholder claims?

• Manchester Building Society v Grant Thornton [2021] UKSC 20 & Khan v Meadows [2021] UKSC 21:
  Which losses can be recovered from a negligent professional? How does the Supreme Court apply its new statement of the principles in SAAMCO?

Francesca Perselli
(Maitland Chambers)

Evelyn Barden
(Landmark Chambers)

James MacDougald
(Ten Old Square)

Alicia Tew
(Hailsham Chambers)

3.55pm-4.20pm

Afternoon tea

4.20pm-4.50pm

Mutual, Mirror & Joint Wills - a Case of Smoke and Mirrors

• Mutual, mirror and joint wills - a fertile source of confusion and risk
• The future for mutual wills - reform, codification or abolish them altogether?
• The view from Gibraltar

Jonathan Arkush
(Enterprise Chambers)

Moshe Levy
(Hassans)

4.50pm-5.20pm

Lehtimaki v TCI Fund Foundation

• Should the Court be concerned with whether the member (if it is a trustee) is acting/voting in breach of trust?
• Does it make a difference if the company of which the trustee is a member has charitable objects?

Ian Clarke QC
(Selborne Chambers)

Julia Beer
(Selborne Chambers)

5.20pm-5.40pm

Arbitrator bias after Halliburton

• Analysis of the UK Supreme Court’s judgment on arbitrator bias in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48
• Practical implications
• Unresolved issues.

Charles Banner QC
(Keating Chambers)

5.40pm-6.00pm

Putting an NFT into DeFi and sending them both to the Chancery Bar

• Potted introduction to NFTs and DeFi
• How they can and do work together
• What litigating about them might look like

Leigh Sagar
(New Square Chambers)

6.00pm-6.05pm

In Conclusion

Michael Gibbon QC
Chair of the International Subcommittee

6.05pm-8pm

Champagne Reception

Wheelhouse Deck