ChBA IoM Conference - IoM Practitioners

2pm

Registration & Coffee

2.25pm

Welcome from Conference Chair: Penelope Reed QC, 5 Stone Buildings

2.30-3.15pm

Panel Session:

Lesley Anderson QC, Kings & Hardwicke, &

Matthew Morrison, Serle Court

Directors on the brink and in the shadows

Recent English and offshore authorities considering:

• When and to what extent directors owe their duties to creditors in times of financial difficulties
• The fiduciary duties owed by shadow directors
• The evidential considerations to be borne in mind when seeking to establish de facto and shadow directorship.

3.15-4pm

Panel Session:

David Rees QC, 5 Stone Buildings

An introduction to the English Court of Protection and the Mental Capacity Act 2005

• Capacity and decision making within the context of the Mental Capacity Act 2005.
• Cross-Border incapacity issues; recognising offshore powers of attorney and court orders in the Court of Protection.

Alexander Learmonth, New Square Chambers

What knowledge and Approval of a Will Really Means

• Burden of proof: one stage or two?
• Approval: words and their effect.

Elis Gomer, St John’s Buildings

Undue Influence and Inter Vivos Transactions

• What do we mean by “presumed” undue influence?
• The potential role of third party advisers in relation to impugned transactions.

4-4.30pm

Afternoon tea

4.30-5pm

Panel Session:

Robert Ham QC, Wilberforce Chambers &

Mark Hubbard, New Square Chambers

Too controlling or just overprotective? The problem of broad protector powers

• The Wyly case: a cautionary tale from the Isle of Man
• Practical impact of the Pugachev decision for trustees and protectors
• “Just say no” – time to limit reserved powers of veto ?
• Ineffective and sham trusts : control vs ownership of trust assets
• Drafting considerations
• Private international law: the Hague convention and reserved powers legislation

5-5.30pm

Panel Session:

Richard Dew, Ten Old Square & James Poole, Ten Old Square

Trustee Liability and Insolvent Trusts following Investec v Glenalla [2018] UKPC 7

• Trustee’s liabilities for the debts of the trust
• Limitations on liability when a trust is insolvent
• The Trustee’s right to an indemnity where there has been a breach of trust
• The Creditor’s rights of subrogation where a trustee is in breach of trust
• Jurisdictional issues where one jurisdiction recognises a limitation on liability and another does not

5.30-6pm

Lecture:

Richard Spearman QC, 39 Essex Court

Ivey v Genting and dishonesty – new dawn or false horizon?

• Misunderstanding in the criminal law
• Uncertainty in the civil law
• Dishonesty and disciplinary proceedings
• Resolution of the issues
• What about the future?

6pm

Drinks and Canapé Reception