Caspar Bartscherer

Trusts, probate and estates: contentious

Recent and ongoing work includes:

• Crociani v Crociani. Acting (with Robert Ham KC) for the appellant beneficiaries in their Privy Council appeal from the decision of the Jersey Court of Appeal (in Crociani & O’rs v Crociani & O’rs [2017] JRC146. This was due to be an important appeal regarding defaulting trustees’ duty to reconstitute the trust fund, but was settled shortly before it was due to be heard by the Privy Council.
• In the Matter of the Alpha, Beta and Delta Trusts. Acting (with Jonathan Hilliard KC, Thomas Fletcher and Benjamin Slingo) for the trustees of a very substantial offshore family trust structure which holds an international business.
• Acting for intended representative beneficiaries in intended High Court proceedings regarding the interpretation of a trust arising under a will proved in 1929.
• Acting (with Robert Ham KC, Michael Ashdown and Benjamin Slingo) for the Settlor of a substantial Jersey trust in relation to a representation by certain of the beneficiaries seeking orders re-settling a share of the trust assets on separate trusts for them. The dispute originally arose from the Settlor’s desire to pay more tax.
• Advising (with Jonathan Hilliard KC and Jack Watson) the Trustees of a substantial Guernsey settlement in relation to a challenge, in Swiss courts, by one of the late Settlor’s issue alleging the trust was a sham.

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International / offshore

Recent and ongoing work includes:

• Raiffeisen v Scully Royalty. Assisting Tim Penny KC and local counsel (with Jamie Holmes) who are acting for the applicant/plaintiff in civil fraud proceedings in the Grand Court of the Cayman Islands, claiming over €150m under the Cayman Fraudulent Dispositions Law and in conspiracy. This included, successfully resisting two appeals before the Cayman Islands Court of Appeal, which upheld a €153m worldwide freezing order against two of the Defendants, and refused two of the other Defendants’ application for permission to appeal the order dismissing their jurisdiction challenge, obtaining permission to amend and join one of the directing minds and will of the conspiracy as an additional defendant, seeing off a recusal challenge and jurisdiction challenge, and obtaining updated asset disclosure in support of the WFOs. 
• Crociani v Crociani. Acting (with Robert Ham KC) for the appellant beneficiaries in their Privy Council appeal from the decision of the Jersey Court of Appeal (in Crociani & O’rs v Crociani & O’rs [2017] JRC146. This was due to be an important appeal regarding defaulting trustees’ duty to reconstitute the trust fund, but was settled shortly before it was due to be heard by the Privy Council.
• In the Matter of the Alpha, Beta and Delta Trusts. Acting (with Jonathan Hilliard KC, Thomas Fletcher and Benjamin Slingo) for the trustees of a very substantial offshore family trust structure which holds an international business.
• Acting (with Robert Ham KC, Michael Ashdown and Benjamin Slingo) for the Settlor of a substantial Jersey trust in relation to a representation by certain of the beneficiaries seeking orders re-settling a share of the trust assets on separate trusts for them. The dispute originally arose from the Settlor’s desire to pay more tax.
• Advising (with Jonathan Hilliard KC and Jack Watson) the Trustees of a substantial Guernsey settlement in relation to a challenge, in Swiss courts, by one of the late Settlor’s issue alleging the trust was a sham.

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Civil fraud and asset recovery

Recent and ongoing work includes:

• Federal Government of Nigeria and Attorney General of Nigeria v Williams Acting (with Edward Levey KC) for the Claimants in their action to set aside an approximately £100 million (interest is said to continue to accrue) default judgment obtained by Dr Williams in 2018 for fraud. The fraud the Claimants rely involves Dr Williams asserting that the peaceful transition of power in Nigeria in 1993 was a sham, praying in aid a number of forged Nigerian government decrees. Dr Williams’ claim arises from the same facts as a previously discontinued claim against the Central Bank of Nigeria, which Dr Williams had pursued all the way to the Supreme Court ([2014] UKSC 10) before discontinuing.
• Confidential conspiracy claim. Acting (with Bobby Friedman) for five of the eight Defendants to a £250m conspiracy claim in the Commercial Court arising out of a joint venture and franchise relationship regarding an Italian fashion brand brought by its European licensee. The Claimant sought wide-ranging injunctions forcing the Defendants to perform (what they say are) the parties’ contracts, and the Defendants in turn sought (variously) to have the matter stayed pursuant to s. 9 of the Arbitration Act and/or on casemanagement grounds, to have service out of the jurisdiction set aside and/or a strike out of the claim. Caspar also acts for one of the Defendants in a related LCIA Arbitration.
• Raiffeisen v Scully Royalty. Assisting Tim Penny KC and local counsel (with Jamie Holmes) who are acting for the applicant/plaintiff in civil fraud proceedings in the Grand Court of the Cayman Islands, claiming over €150m under the Cayman Fraudulent Dispositions Law and in conspiracy. This included, successfully resisting two appeals before the Cayman Islands Court of Appeal, which upheld a €153m worldwide freezing order against two of the Defendants, and refused two of the other Defendants’ application for permission to appeal the order dismissing their jurisdiction challenge, obtaining permission to amend and join one of the directing minds and will of the conspiracy as an additional defendant, seeing off a recusal challenge and jurisdiction challenge, and obtaining updated asset disclosure in support of the WFOs. 
• Cresta Estates Ltd and another v Robert Colin Acting for the claimant bondholders in, an application to replace a security trustee under s. 41 of the Trustee Act 1925 (with Patrick Harty). The claimants are seeking to ultimately recover their +£60m investment in a plasticto- oil project in North Wales.
• Lukoil Benelux BV v Oil Distribution Terminals SL and others. Acting for the claimant oil trading company in a claim relating to the misappropriation of +€20m of diesel oil from a storage facility in Spain (with Bobby Friedman). The claim involves complicated issues of conflict of laws, civil fraud and interim relief.
• Elory Holdings Ltd v Rona Construction. Acting for the defendants in a cross-border commercial dispute (with Tim Penny KC). This included serious allegations of breach of fiduciary duty, related proceedings in another jurisdiction and pleading extensive provisions of foreign law.
• Various Claimants v Spence. Acting for the defendants in a £50m fraud claim brought by 435 claimants in the Commercial Court (with Bobby Friedman).

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Pensions

Recent and ongoing work includes:

• Advising the employer of a large pension scheme regarding a surplus arising in the context of a winding up (with Jonathan Hilliard KC).
• Advising the Pensions Regulator in relation to ongoing regulatory proceedings (with Jonathan Hilliard KC).

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