Isle of Man • London

Wilberforce Trust Litigation Day: Simcocks lawyers recognised for their work on high-profile case

Posted 28 March 2017 in Private Client, Trust

The Fifth Annual Wilberforce Trust Litigation Day was attended by Simcocks advocates Christopher Arrowsmith, Amy Coole and Kevin O'Loughlin in London.

The event held on Monday 30th January 2017 reflected on topical issues in the trust world through a series of talks and workshops from leading trust experts, and was attended by lawyers from the UK, Isle of Man, Channel Islands and worldwide.

Taking place at the InterContinental London Park Lane, the full-day event included "The 5 minutes pitch" where barristers Andrew Child, Edward Sawyer, James Goodwin and Simon Atkinson each selected a case to attempt to persuade the audience that their selection was the most important from a trust law perspective.

The chosen cases represented the most significant trust related cases of 2016, throughout the common law jurisdictions. One of the cases selected was AB v CD a decision of 30 June 2016 of the First Deemster and Clerk of the Rolls, Deemster Doyle. Simcocks advocates Christopher Arrowsmith and Kevin O'Loughlin represented the defendant trustee in that case.

AB v CD concerns the so-called rule in "Hastings-Bass" otherwise referred to as "the proper deliberation rule" and the court's jurisdiction to set aside a voluntary transaction on the grounds of equitable mistake. The court reviewed the responsibilities and duties when making decisions, particularly in relation to the trustee taking tax advice relevant to the trust.

On a show of hands, the audience of approximately 150 people at the Wilberforce event chose this case as the second most important from a trust law perspective.

Simcocks Director, Christopher Arrowsmith, says: "The events held by Wilberforce are well-attended by leading lawyers in all aspects of trusts. It was rewarding to receive a special mention at the event in relation to a case that Simcocks worked on. The Private Client team here at Simcocks have seen a significant growth in the level of instructions dealing with both non contentious and contentious trust law issues over recent years. The Courts decision in AB v CD highlights the Manx Courts familiarity with this important area, which has been noted throughout the trust law world."

To arrange an appointment to discuss any trust law issues with one of the Simcocks team, call 01624 690300 or email