CONTENTIOUS TRUST DISPUTES
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1 MARKET-LEADING EXPERTISE CONTENTIOUS TRUST DISPUTES tice brochure d14
2 CONTENTIOUS TRUST DISPUTES OVERVIEW Modern trust disputes are often complex involving large corporate structures with offshore elements across multiple jurisdictions. Our trust disputes team advises on the full range of trust and estate disputes across all major jurisdictions where the trust is a vehicle for holding assets. We regularly act for institutional clients, including banks and trust companies, trustees, their insurers, beneficiaries and high net worth individuals. We provide specialist advice in investment fund, investment management and insolvency disputes. Our experience covers pure advisory work and Beddoe applications through to hostile actions pursuing or defending trustees in relation to claims for breach of trust and third party claims by or against trustees. We also have experience of the arbitration of trust disputes. OUR INTERNATIONAL PRESENCE office Associated office Group Legal services are provided in Indonesia, in Jakarta, through LLP's ("HSF") association with Hiswara Bunjamin & Tandjung ("HBT"). HSF and HBT are two independent firms which have a formal association in Indonesia. NEW YORK LATIN AMERICA MADRID BELFAST LONDON PARIS BRUSSELS NORDIC AFRICA JOHANNESBURG BERLIN FRANKFURT SAUDI ARABIA MOSCOW DOHA UKRAINE DUBAI KAZAKHSTAN INDIA SINGAPORE BANGKOK JAKARTA BEIJING SHANGHAI SEOUL PERTH HONG KONG MELBOURNE TOKYO SYDNEY BRISBANE
3 Additionally, our experience in asset tracing and fraud work combined with our unparalleled reputation in commercial litigation means we have the ability and resources to deal with the largest and most complex trust disputes. Our offering is bolstered by the direct and immediate access to our in-house advocacy group which contains QCs with specific expertise in this field. Our lawyers have been involved in some of the most significant and high profile trust cases in recent history including the seminal case of Target v Redferns, the long running Thyssen litigation in Bermuda and the Kostic litigation in London. We have litigated in leading onshore jurisdictions including England and Wales, Hong Kong, and Singapore, as well as all major offshore jurisdictions such as Bermuda, the Cayman Islands, BVI, Cyprus, Jersey, Guernsey, the Isle of Man and the DIFC Court. RANKED BAND 1 FOR LITIGATION- ELITE CHAMBERS UK 2016 RANKED TIER 1 FOR DISPUTE RESOLUTION LEGAL 500 ASIA-PACIFIC 2016 RANKED TIER 1 FOR DISPUTE RESOLUTION - COMMERCIAL LITIGATION LEGAL 500 UK 2015
4 HERBERT SMITH FREEHILLS CURRENT CREDENTIALS INCLUDE: BREACH OF TRUST acting for the beneficiary in arbitration proceedings in Israel to recover substantial trust assets held under English trusts Richardson v Glencore: defending Appleby against a 10 million claim in the Commercial Court in London by a former employee of Glencore Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd: acting for Rawlinson & Hunter Trustees SA, the trustees of the Tchenguiz Discretionary Trust in proceedings in the Royal Court in Guernsey involving claims by creditors to enforce loans of circa 181 million acting for a beneficiary of a US$1 billion Cayman Islands trust fund in relation to breach of trust and other allegations against the institutional trustee and other beneficiaries THIRD PARTY CLAIMS Royds v The International Law Partnership: Acting for trustees and action group in both claims and coverage disputes arising out of the provisional liquidation and collapse of a foreign property group National Bonds Corporation v Taaleem: acting for Deyaar PJSC in the DIFC Courts in AED 160 million claim relating to the assignment of a beneficial interest under the trust of a flagship development ESTATES CLAIMS acting for the executors of a Hong Kong estate in a multi-million pound asset recovery action in London involving allegations of undue influence advising an executor in cross-jurisdictional proceedings in Malaysia and Hong Kong involving an individual claiming to be a child of the testator and the jurisdiction to order DNA tests advising the executor in the administration of a US$1 billion Hong Kong estate in offshore jurisdictions, including Jersey, Mauritius, BVI and the Turks and Caicos Islands A top choice for complex litigation, and praised for its regional presence and depth CHAMBERS ASIA-PACIFIC 2016 The team are extremely sophisticated, highly intelligent and produce a very good work product. You can be assured they have thought of everything CHAMBERS UK 2016
5 HERBERT SMITH FREEHILLS CONTACTS Tom Leech QC Partner, London T tom.leech@hsf.com Sources comment on the user-friendly nature of his advice and highlight his skill both at drafting and advocacy CHAMBERS UK 2014 Impressively knowledgeable in a wide range of areas and second to none when it comes to responsiveness CHAMBERS UK 2014 Richard Norridge Partner, Hong Kong Head of Private Wealth - Asia T richard.norridge@hsf.com Excellent for contentious private client work and shareholder disputes CHAMBERS ASIA-PACIFIC 2016 He deftly balances the intellectual and the practical aspects of problem solving and is very client-focused CHAMBERS ASIA-PACIFIC 2015 Anna Sutherland Partner, Sydney T anna.sutherland@hsf.com Cuts to the real issues directors need to be concerned about ASIA PACIFIC LEGAL Gareth Keillor Senior associate, London T gareth.keillor@hsf.com User-friendly and very responsive. Sharp and analytical, and always provides clear and practical advice INVESTMENT FIRM CLIENT Team members are members of ACTAPS and STEP.
6 HERBERTSMITHFREEHILLS.COM BANGKOK (Thailand) Ltd T F BEIJING Beijing Representative Office (UK) T F BELFAST T F BERLIN Germany LLP T F BRISBANE T F BRUSSELS T F DOHA Middle East LLP T F DUBAI T F FRANKFURT Germany LLP T F HONG KONG T F JAKARTA Hiswara Bunjamin and Tandjung associated firm T F JOHANNESBURG South Africa LLP T F LONDON T F MADRID Spain LLP T F MELBOURNE T F MOSCOW CIS LLP T F NEW YORK New York LLP T F PARIS Paris LLP T F PERTH T F SEOUL Foreign Legal Consultant Office T F SHANGHAI Shanghai Representative Office (UK) T F SINGAPORE T F SYDNEY T F TOKYO T F B / Trust disputes prac
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