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Vol 24 No 12 Dec 19/Jan 20

Book of the Month

Cover of Merkin and Flannery on the Arbitration Act 1996

Merkin and Flannery on the Arbitration Act 1996

Price: £315.00

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International Trust Disputes 2nd ed

Edited by: Steven Kempster, Morven McMillan, Alison Meek

ISBN13: 9780198832737
Previous Edition ISBN: 9780199594702
To be Published: February 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £225.00



The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories.

Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trust disputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on sham trusts.

A new chapter is included on the law in the Bahamas reflecting the importance of the jurisdiction to current international trusts disputes.

International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

Subjects:
Equity and Trusts
Contents:
Part I General Practice and Procedure
Section A: Jurisdiction
1: English Trust Law Principles, Michael Ashdown
Section B: External Disputes
2: Matrimonial Disputes, Alison Meek
3: Succession and Forced Heirship Disputes, Andrew De La Rosa
4: Sham Trusts and Reserved Powers, Jeremy Kosky, Maxine Mossman and Nicole Buncher
5: Asset Protection and Insolvency, Jonathan Hilliard QC and Jack Watson
6: Dishonest Assistance, Sofie Hoffman
Section C: Internal Disputes
7: Breach of Trust Claims, Susannah Meadway
8: No-Contest Clauses, Shan Warnock-Smith QC
9: Mistake, Rectification, and Hastings-Bass, Simon Taube QC
10: Setting aside Trusts, Undue Influence, and Capacity, Emily Exton and Roberta Harvey
11: Retirement, Replacement, and Removal of Trustees, Giles Richardson
12: Rights to Information, Steven Kempster
13: Directions and Beddoe Applications, Elizabeth Weaver
Section D: Procedure
14: Injunctions, Richard Dew
15: Representation of Parties, Andrea Zavos and Mark Lindley
16: Involvement of Charitable Interests, Nicola Evans
17: Alternative Dispute Resolution, Beverly-Ann Rogers
18: Variation and Compromise, Anthony Poulton
19: Appeals, Tracey Angus QC
20: Costs, Joanna Poole and Joseph de Lacey
Part II: Jurisdictions
21: Bermuda, Anna Bruce-Smith and Ben Adamson
22: British Virgin Islands, Arabella Di Iorio
23: Cayman Islands, Morven McMillan
24: Gibraltar, Charles Simpson
25: Guernsey, Elaine Gray and Karen Le Cras
26: Isle of Man, John Rimmer
27: Jersey, Nigel Sanders
28: Liechtenstein, Dr. Stefan Wenaweser
29: New Zealand, Andrew Butler and Nat Walker
30: Switzerland, Tina Wüstemann and Marco Frigg