ChBA Isle of Man Conference - IoM Practitioner Bookings

2pm

Registration & Coffee

2.20pm

Welcome from Conference Chair: Lesley Anderson QC, Gatehouse Chambers & Kings Chambers

2.30-3.10pm

Panel Session:

James Pickering QC & Samuel Hodge, Enterprise Chambers

Commercial Fraud in England and the Isle of Man

• Obtaining equitable compensation against those who dishonestly assist: how equitable is it?
• Backwards tracing: a backwards step?

3.10-3.50pm

Junior Panel Session:

Zachary Kell, Five Paper Buildings

• The future of the economic torts following Secretary of State for Health v Server Laboratories Ltd [2021] UKSC 24: a discussion of the limits that have been restated and clarified for the tort of causing loss by unlawful means, and what that may mean for other economic torts such as conspiracy, with practical guidance for bringing such claims.

James Saunders, New Square Chambers

• Re Klimt Invest SA [2022] EWHC 596 (Ch): an analysis of the first successful winding up of a public company for loss of purpose/substratum, and its implications for English and Manx company law, as well as for the concept of substratum in the law of trusts.

Oscar Schonfeld, One Essex Court

• JP SPC4 and JP SPC 1 v Royal Bank of Scotland International Limited: insights on the currently awaited decision of the Privy Council (on appeal from the Isle of Man) concerning the question whether or not banks owe duties to the beneficial owners of funds in an account rather than just to the bank’s immediate customer, and its potential consequences for the banking industry and claims against banks by defrauded beneficiaries. 

3.50-4.10pm

Talk:

Iain Quirk QC, Essex Court Chambers

Reflective loss in the Isle of Man: a controversial rule

• The ‘no reflective loss’ rule and its origins
• Marex v Sevilleja in the Supreme Court, and the principles emerging from that case
• Post Marex and the approach in offshore jurisdictions
• The Manx angle

4.10-4.40pm

Afternoon tea

4.40-5.00pm

Joint Talk:

Matthew Morrison & Zahler Bryan, Serle Court

Cross-Border Insolvency in England and the Isle of Man

• Foreign insolvency proceedings assistance in England and the Isle of Man at common law: how far have the Manx and English Courts retreated from modified universalism?
• Requesting assistance from the English courts under s.426 of the Insolvency Act 1986
• The rules relating to immovable property: the significance of the English Court of Appeal's decision in Kireeva v Bedzhamov [2022] EWCA Civ 35

5.00-5.30pm

Panel Session:

Edward Cumming QC, XXIV Old Buildings

Maxim Cardew, Maitland Chambers

Trustees, investments, and ethics

• What impact will climate change and other environmental, social and governance considerations have on investment decisions by trustees of private trusts?
• Is the position different for trusts with charitable purposes?

5.30-6pm

Lecture:

Rose Fetherstonhaugh, 5 Stone Buildings

Protectors: who guards the guards?

• When is a protector a fiduciary and how much does it matter?
• The extent of protector powers of veto
• How easy are they to remove?

6pm

Drinks and Canapé Reception