Articles

Virtual property as trust assets and investments

Originally published in the December 2021 Butterworths Journal of International Banking and Financial Law

Voices of women at the Chancery Bar

This article first appeared in the January 2022 Issue of Counsel Magazine

Chancery barrister and mathematician: Arthur Cayley (1821-1895)

Private Client eBriefing: Short article published on the Wilberforce website.

Summarily judging fraud: Bringing claims to an early close

This article was first published in ThoughtLeaders4 FIRE Magazine Issue 7

The Commercial Rent (Coronavirus) Bill: Part 2 – what is happening in Parliament?

Arbitration Commentary: Short article published on the Wilberforce website.

Too many hats, not enough time and the wrong people – the difficulties of Smith v Michelmores Trust Corporation

Private Client eBriefing: Short article published on the Wilberforce website.

The Commercial Rent (Coronavirus) Bill: How will the arbitration stage work?

Arbitration Commentary: Short article published on the Wilberforce website.

Precedent value of Chancery Masters’ decisions

Private Client eBriefing: Short article published on the Wilberforce website.

Protectors’ Powers: The Siren Song of the “Narrower View”?

Private Client eBriefing: Short article published on the Wilberforce website.

When is an order under s48 AJA appropriate? That’s a matter of opinions

Private Client eBriefing: Short article published on the Wilberforce website.

Powers of appointment: All in the wording

This article was first published in Trusts and Estates Law & Tax Journal #227

A Question of Character: Problems facing the disguised distribution claim

This article was first published in ThoughtLeaders4 FIRE Magazine Issue 6

Defensive Advising Strategies 3: Risk Bargaining Between Adviser and Client

Private Client eBriefing: Short article published on the Wilberforce website.

Qualifying interests in possession: Restating the problem

Private Client eBriefing: Short article published on the Wilberforce website.

Missing persons – guardianship and the presumption of death

Private Client eBriefing: Short article published on the Wilberforce website.

Trustee-beneficiaries: Can they have the cake and eat it too?

Private Client eBriefing: Short article published on the Wilberforce website.

Virtual property: trusts of cryptocurrencies and other digital assets

Trusts & Trustees, August 2021

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

This article was first published by Lexis®PSL on 29 July 2021

Implied Revocation of Deeds of Appointment? Equiom v Velarde

Private Client eBriefing: Short article published on the Wilberforce website.

Defensive Advising Strategies 2: Know Your Client

Private Client eBriefing: Short article published on the Wilberforce website.

What’s the point? – some questions in the interpretation of wills

Private Client eBriefing: Short article published on the Wilberforce website.

New world order for trusts?: The meaning of ‘prior interest’ in section 32

Private Client eBriefing: Short article published on the Wilberforce website.

Betamax v STC – when may an arbitral award be set aside or enforcement refused?

International Arbitration Commentary: Short article published on the Wilberforce website.

What You Learn From Practising in the Field of Professional Negligence

The Expert Witness - Issue 37 (June 2021)

Limitation and Deliberate Concealment after Canada Square v Potter [2021] EWCA CIV 339 (“Canada Square”)

ThoughtLeaders4 FIRE Magazine - Issue 4 (May 2021)

Effect of Brexit on Part 26A arrangements and reconstructions

ThoughtLeaders4 FIRE Magazine - Issue 4 (May 2021)

Defensive Advising Strategies 1: What you learn from practising in the field of professional negligence

Private Client eBriefing: Short article published on the Wilberforce website.

All-change for Pre-Packs: New Regulations restricting business and asset sales by Administrators

Insolvency Commentary: Short article published on the Wilberforce website.

Trusts taxation reform: not today please!

Private Client eBriefing: Short article published on the Wilberforce website.

Benefiting non-objects with powers of appointment: Squaring the circle?

Private Client eBriefing: Short article published on the Wilberforce website.

An enlightened approach to taxpayer confidentiality: The story of the first income tax

Private Client eBriefing: Short article published on the Wilberforce website.

Defensive advising strategies for legal professionals

Private Client eBriefing: Short article published on the Wilberforce website.

Save it for a rainy day—bankruptcy and sham trusts (Murphy and Hyde v Munir)

This article was first published by Lexis®PSL on 19/02/2021

Budget 2021: an overview

Trusts, probate and estates: non-contentious Commentary: Short article published on the Wilberforce website.

The ‘Prudence’ Test for Trustees in Pension Scheme Investment (2021) 34 Tru LI 215

This article first appeared in Trust Law International, Vol. 34, No. 4, 2021

The modern family – the interpretation of children, spouses and civil partners in older trust deeds

Trusts, probate and estates: non-contentious Commentary: Short article published on the Wilberforce website.

Case study: A salutary lesson

Property Law Journal, Legalease

Effect on Brexit on Part 26A Arrangements and Reconstructions

Insolvency Commentary: Short article published on the Wilberforce website. Daniel Lewis considers the effect of Brexit on the international effectiveness of Part 26A restructuring plans.

You raise me up; but for how much longer? CGT and the uplift on death

Tax Commentary: Short article published on the Wilberforce website.

Time to act: the UK Trust Register and the Fifth Money Laundering Directive

Tax Commentary: Short article published on the Wilberforce website.

Re Tokenhouse VB Ltd [2020] EWHC 3171 (Ch) and the million dollar question

A short article posted in R3's RECOVERY News

Halliburton – was it worth the wait?

International Arbitration Commentary: Short article published on the Wilberforce website.

Proposed new one-off wealth tax to raise revenue in response to pandemic

Tax Commentary: Short article published on the Wilberforce website.

What’s coming up in 2021?

Property Law Journal, Legalease

Who gains in the OTS report on CGT?

Tax Commentary: Short article published on the Wilberforce website.

Applications to amend

Property Law Journal, Legalease

Important changes to the Singapore International Arbitration Act

International Arbitration Commentary: Short article published on the Wilberforce website.

The Coronavirus corporate insolvency cliff edge is extended to the new year

Insolvency Commentary: Short article published on the Wilberforce website.

In a pensions context, are death benefit trusts for the benefit of minors exempted from TRS registration under Schedule 3A of the Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020?

This article was first published by Lexis®PSL on 09/09/2020

Remote Witnessing of Wills: the New Order

Trusts Commentary: Short article published on the Wilberforce website.

A calculated risk?

Trusts and Estates Law & Tax Journal, Legalease

Insolvency Case Summaries – Summer 2020

This article was first published in R3's Summer 2020 edition of 'Recovery Magazine'

Frustration of leases: is now the right time?

This article was first published by Law in the Lockdown: The Legal Blog for Real Estate

The adoption issue: the illegitimate logic of Hand v George

Trusts & Trustees, Volume 26, Issue 5, June 2020, Pages 392–399

Insolvency within your trust: bankrupt settlors, insolvent companies and insolvent trusts

Trusts & Trustees, Volume 26, Issue 5, June 2020, Pages 445–455

Disputed debts—the jurisdiction of the insolvency court to review tax assessments (National Crime Agency v GTG Management Ltd and Beauty & Skin Ltd)

This article was first published by Lexis®PSL on 11/05/2020

Confidential trust information and court proceedings: can privacy be maintained?

Trusts & Trustees, Volume 26, Issue 4, May 2020, Pages 377–379

R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16

Pensions Commentary: Short article published on the Wilberforce website.

Insurance and rent suspension – Law in the Lockdown

This article was first published by Law in the Lockdown: The Legal Blog for Real Estate

No tax relief on pension contributions paid in shares

Tax Commentary: Short article published on the Wilberforce website.

Business transactions, beneficial title and resulting trusts: The meaning of “payment” within the unauthorised payments charge regime

Tax Commentary: Short article published on the Wilberforce website.

Coronavirus lockdown – can a dog witness a deed?

This article was first published in the Association of Pension Lawyers' Newsletter

Unauthorised payments from registered pension schemes and HMRC time limits (Revenue and Customs v Bella Figura Ltd)

This article was first published by Lexis®PSL on 24/04/2020

Attacking and defending (pension) trusts in divorce

This article was first published by ThoughtLeaders4 HNW Divorce Magazine, Issue 2

Hearings in the time of C-19 – Law in the Lockdown

This article was first published by Law in the Lockdown: The Legal Blog for Real Estate

Unauthorised member payments out of registered pension schemes (Court of Appeal—Clark v HMRC)

This article was first published by LexisPSL on 15 April 2020

Insolvency Case Summaries – Spring 2020

This article was first published in R3's Spring 2020 edition of 'Recovery Magazine'

Insolvency Commentary: Remuneration tips from the top

Insolvency Commentary: Short article published on the Wilberforce website.

Property Commentary: Telecoms – Faster, better, cheaper – pick [one? two? all three?]

Property Commentary: Short article published on the Wilberforce website.

Office-holders, investigations and conflicts of interest – don’t expect judicial bomb-proofing (Re Comet Group Ltd)

LexisNexis Blogs

Will construction – failure of trust (Jeffreys and others v Scruton and others)

This article was first published by LexisPSL on 12 March 2020

Reform of inheritance tax: an update

Tax Commentary: Short article published on the Wilberforce website.

Terminating leases for repudiatory breach

Property Commentary: Short article published on the Wilberforce website.

Some oddities of the law on age: So you thought you reached age 21 on your 21st birthday?

This article was first published in an Association of Pension Lawyers newsletter

No oral modification clauses after Rock Advertising: Some property law difficulties

Property Commentary: Short article published on the Wilberforce website.

Foreign statutory schemes – can they register as a registered pension scheme?

Tax Commentary: Short article published on the Wilberforce website.

Interpreting property contracts: Some “special” principles

Property Commentary: Short article published on the Wilberforce website.

International charitable trusts and IHT exemption

Tax Commentary: Short article published on the Wilberforce website.

Deposits in conveyancing transactions: How does the penalties doctrine apply?

Property Commentary: Short article published on the Wilberforce website.

Valuing property in accordance with contract (Great Dunmow Estates Ltd v Crest Nicholson Operations Ltd)

LexisNexis interviewed Tom Roscoe of our property team. This article was first published on Lexis®PSL Property Disputes on 22 October 2019.

First-Tier Tax Tribunal calls for change to strict application of unauthorised payments rules to victims of pension scams (West v Revenue and Customs Commissioners)

LexisNexis interviewed Emily Campbell of our tax team. This article was first published on Lexis®PSL Pensions on 15 October 2019.

RPI/CPI – A little bit of good news for employers?

Pensions Commentary: Short article published on the Wilberforce website.

Contractual terms relating to performance and breach: Implication, presumption or rule of law?

Property Commentary: Short article published on the Wilberforce website.

When is a signature not a signature? The Law Commission report on the Electronic Execution of Documents

Trusts Commentary: Short article published on the Wilberforce website.

The Future of The Pensions Ombudsman

Pensions Commentary: Short article published on the Wilberforce website.

Tax simplification: capital gains tax and other topics

Tax Commentary: The final commentary in a series of short articles published on the Wilberforce website

Another ticking time bomb? Failing to comply with Section 37 of The Pension Schemes Act 1993

Pensions Commentary: Short article published on the Wilberforce website.

Tax simplification and lifetime gifts: payment of Inheritance Tax and the nil rate band

Tax Commentary: The third in a series of short articles published on the Wilberforce website

Shareholders’ control under the Insolvency Act 1986: A change in position

This article first appeared in the August 2019 issue of PLC Magazine: https://uk.practicallaw.thomsonreuters.com/Browse/Home/Resources/PLCMagazine

Proving common intention in rectification cases: how does it apply to pension schemes following FSHC Group Holdings?

Pensions Commentary: Short article published on the Wilberforce website.

Inheritance tax simplification and lifetime gifts

Tax Commentary: The second in a series of short articles published on the Wilberforce website

Open (in)justice: privacy, open justice and human rights

Trusts & Trustees, June 2019

Contesting Pensions Regulator’s action means playing by the court rules (Chappell v The Pensions Regulator)

This article was first published on Lexis®PSL Pensions on 30 July 2019

Strategy and why it is important

This article is an extract from Globe Law and Business' July 2019 edition of Modern Legal Practice

Tax: How simple is simplification?

Tax Commentary: The first in a series of short articles published on the Wilberforce website

What facts define the cause of action in trespass? (Manchester Ship Canal Company Ltd v United Utilities Water Ltd)

This article was first published on Lexis®PSL Environment on 4 July 2019.

The status of spouses of agricultural workers (Hook v Hawkins)

This article was first published on Lexis®PSL Property Disputes on 23 May 2019

When is a secret commission secret? A primer on Medsted v Canaccord Genuity

Legal Business Magazine, 2019

Fences and hedges: Old law in the modern world

Property Law Journal, 2019

Supreme Court decides when judgment can be set aside for fraud (Takhar v Gracefield Developments Ltd)

LexisNexis, 2019

Don’t Leave Your Career to Chance, by Nicholas Luckman

Counsel Magazine - Issue: March 2019

Administrators: Conflicts of Interest and Removal

This article was co-written by Marcia Shekerdemian QC and Joseph Curl and first appeared in Volume 16, Issue 1 of International Corporate Rescue - www.chasecambria.com

The Shortform Best Interests Duty: Mad, Bad and Dangerous to Know

32 Trust Law International 106 & 176, 2018

Drone technology and its impact on building surveys and property disputes

Property Litigation Association (2018 Autumn Training Day paper)

Construing the true extent of access rights to be granted for use of land

LexisNexis, 2018

Unpaid fees at commencement of barrister’s bankruptcy did not vest in trustee: (Gwinnutt (as the First Defendant’s Trustee in Bankruptcy) v George and another)

This article was first published on Lexis®PSL Restructuring & Insolvency on 24 September 2018

Disputes Yearbook Q&A with Nicholas Luckman

Legal Business Magazine, 2018

Litigation estoppels and abuse of process – categorisation and scope

LexisNexis, 2018

Changing places: Rotrust Nominees v Hautford

Property Law Journal, 2018

High Net Worth Trust Claims: The Coming Wave

Vannin Capital: Funding in Focus issue six, 2018

Safeway v Newton: a limited lifeline for defeasible benefits?

Practical Law, 2018

Approaches to applying a pension increase underpin (FDR v Dutton)

This article was first published on Lexis®PSL, Pensions analysis on 11 April 2017

Judicial review in pensions cases—appropriate forum for pensions complaints (R (on the application of Grace Bay II Holdings SARL and others) v The Pensions Regulator)

Lexis, 2017

Comments from Counsel: A leak in the statutory lifeboat? Compensation for loss of pension benefits on employer insolvency

Practical Law, 2017

Insolvency and trusts

Trusts & Trustees 2016 22 (9): 948-955

Equity’s new darling and the pitfalls of remedial absolutism

Trusts & Trustees 2016 22 (9): 956-961

Trusts and estates cases: can statistics help to identify trends?—spotlight on probate and estates cases

Trusts & Trustees 2016 22 (9): 962-970

The rule in Hastings-Bass after Pitt v Holt and Futter v Futter

Trusts & Trustees 2016 22 (9): 971-981

Trusts and estates cases: recent developments

Trusts & Trustees 2016 22 (9): 982-990

Modern trustee decision-making: unpacking the duty of proper consideration

Trusts & Trustees 2016 22 (9): 991-1001

Thoughts on future trust law developments

Trusts & Trustees 2016 22 (9): 1002-1014

Disputes over trusts that hold corporate structures

Trusts & Trustees 2016 22 (9): 1015-1023

Recent trust cases of interest

Trusts & Trustees 2016 22 (9): 1024-1037

The Bank the Fund, its (Deputy) Chief and his Brother

Wilberforce Chambers

Evaluating the effect of restraint orders on bankruptcy (Re Whyte, Brittain and another v Whyte and another)

LexisNexis Randi

Where different legal systems collide: the decision in Labrouche v Frey & Ors

Trusts & Trustees 2016 22 (7): 741-752

Trustees in bankruptcy and privilege—a spanner in the works?

LexisNexis Randi

Landlord’s Consent The Potted Guide: Cracking the basics

Estates Gazette (Copyright owned by Reed Business Information)

Vindicating shareholder rights under nominee and custodian agreements

Butterworths Journal of International Banking and Financial Law (2015) 6 JIBFL 333

Estoppel in pensions cases

Practical Law, 2015

Re Merchant Navy Ratings Pension Fund – some things to think about

Lexis Nexis

The effect of ‘social evils’ on trustees’ decisions

Trusts & Trustees 2014 20 (9): 882-890

How to side-step valid trust and corporate structures

Trusts & Trustees 2014 20 (9): 891-929

Trustee exculpation – the law, the quirks and the business sense

Trusts & Trustees 2014 20 (9): 933-942

Thy will be done: construction and rectification of wills in the Supreme Court

Trusts & Trustees 2014 20 (9): 966-970

In the post-Pitt world . . .

Trusts & Trustees 2014 20 (9): 871-881

Mixed and multiple derivative claims to address reflective loss problems

Trusts & Trustees 2014 20 (9): 930-932

The application of Islamic finance principles under English and DIFC law

Butterworths Journal of International Banking and Financial Law

Freezing orders in support of arbitration proceedings

Butterworths Journal of International Banking and Financial Law

English disclosure processes and foreign blocking statutes

Trusts & Trustees 2014 20 (9): 943-957

Laches and limitation

Trusts & Trustees 2014 20 (9): 958-965

Dealing with fixtures on a lease renewal – A trap for the unwary?

Property Litigation Association

Extension Notices and Force Majeure: Rohan v. Daman

Wilberforce News Alert

Self-dealing: rigours and risks

Trusts and Estates Law & Tax Journal

Taking on sub-tenants: lessons for unwilling landlords

Wilberforce News Alert

Fairfield Sentry and hedge fund clawback claims

Insight: Corporate Rescue and Insolvency

Is liability of trustees for losses in share portfolios illusory?

Corporate Rescue and Insolvency

Traps for the unwary: the pitfalls of ad hoc arbitration

Trusts & Trustees 2012 18 (4): 332-340

How many times can I do this? Independent fund directorships

Butterworths Journal of International Banking and Financial Law

Dilapidations: Section 18 (1) and a Landlord’s Subsequent Works

Property Litigation Association

Taking a chance

The Lawyer

Considerable expertise

Practice & Law

A room with a view

New Law Journal

Baynes v Hedger & anor: A lesson for charities

In dispute: Charities Appeals Supplement

Baynes v Hedger & anor: a lesson for charities?

New Law Journal

Running the risk

Solicitors Journal

The latest on payment of rent in an administration – innovative logistics

Wilberforce Chambers

Offshore: Reference Point

The Lawyer

How investors get their money back

The Financial Times

Myners Revisited

STEP Journal

Check out the vicinity

Estates Gazette

Money laundering – the new regime

Insolvency Practitioner