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Trusts, probate and estates: contentious, International / offshore, Trusts, probate and estates: non-contentious

Wilberforce and Jirehouse – Nevis Seminar

Friday 25 September 2015
11.30am - 2.00pm
The Four Seasons Resort, Nevis (Ballrooms A&B),
1.0 CPD


New departures in Tracing

Tom Lowe QC

  • Expanding the Proprietary Base – FHR European Ventures LLP and others v Cedar Capital Partners LLC
  • Broadening the tracing techniques – Brazil v Durant International
  • Narrowing the defence of bona fide purchaser – Credit Agricole v Papadimitriou

What you need to know when suing offshore corporations in onshore derivative actions

Graeme Halkerston

  • International litigants often seek to bring derivative actions in US Courts for wrongs done to offshore companies. Many of these claims run into early difficulties.
  • There are important differences to the laws of the leading Caribbean jurisdiction, specifically the Cayman Islands, the BVI, Bermuda and the Bahamas. How do these differences affect litigation strategies and which cases are suited to onshore litigation?
  • What assistance can the onshore litigant obtain from the offshore Courts to assist onshore claims?

FATCA: The Practitioner’s Perspective

Stephen David Jones – Jirehouse

The Freedman case – mistake in practice after Pitt v Holt

Clare Stanley QC

  • What does “causative ignorance” mean?
  • What is a “mistaken tacit assumption”?
  • Importance of evidence
  • Mistakes exclusively about tax
  • Is “but for” causation required?


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