Chancery Bar Association's 2021 Gibraltar Conference
For a downloadable copy of the programme, please click here.
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 |
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