International / offshore
Monday 22 September 2014
You’re invited to join STEP Cayman for an evening hosted by Wilberforce Chambers.
Presented by Michael Furness QC and Graeme Halkerston
Offshore confidentiality statutes and onshore litigation
The Court of Appeal in England has reviewed recently the approach of the English courts to disclosure objections based on foreign confidentiality statutes.
This talk reviews the case law in the English Courts and the Privy Council and considers how the principles would apply to objections based upon the Confidential Relationships (Preservation) Law. It will also explore what practical steps can private client practitioners take to maximise the protection of sometimes competing interests in these cases?
Taking steps to protect the offshore estate of onshore testators
Recent developments in case law have clarified the options available to beneficiaries under a will who are concerned to protect estate assets. These cases have at the same time defined the limits of action that can be taken.
A growing number of cases involve foreign testators with offshore assets managed by non-professional executors. What can a beneficiary do when the offshore or onshore assets in an estate are under threat? This talk will address the circumstances when beneficiaries can force the hand of the executor and the options for taking direct action against a third party.