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ChBA IoM Conference - IoM Practitioners

This conference and evening reception are free for local practitioners, but booking is essential as places are limited
When 8 November 2018
from 02:00 PM to 06:00 PM
Where Sefton Hotel, Douglas, Isle of Man
Contact Name
Contact Phone 07791 398254
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To download a copy of the programme, please click here.


Registration & Coffee



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



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.


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.


Afternoon tea


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


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




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?


Drinks and Canapé Reception

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