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STEP Presentation - The changing landscape of litigation - 17 October 2013

04 October 2013

Bedell Cristin litigation partners, Mark Taylor and Lisa Springate have been invited to speak to members of the STEP Committee in Geneva on 17 October 2013.
The theme of the presentation "The changing landscape of trust litigation - impact for trustees, clients and their advisors" will examine, amongst other things, how Trustees should handle the conduct of proceedings before the Jersey Court and certain issues which have arisen from recent Supreme Court rulings.   

Mark was the advocate for the plaintiffs in the long running Alhamrani case. The matter commenced in 2003 and was a full time commitment involving numerous court appearances in the Royal Court, the Court of Appeal and the Privy Council. The actual trial which commenced in late 2008 ran for 103 days.

Mark has wide ranging experience in providing advice in shareholder disputes to directors and local fund companies and acted in the Greater Europe Deep Value Fund II litigation in 2012.

The Legal 500 2013 directory say Mark is a "highly persuasive advocate".

Lisa appeared on behalf of the Representors in the recent case of In the Matter of the Shirnovic Trust. The Royal Court had to consider whether an old principle of English law, that equity will aid the defective execution of a power, applied under Jersey law in a modern and unconventional scenario. Further to arguments presented to it by Lisa, the Royal Court held that it did.

Lisa, also represented the Plaintiffs in the case of In The Matter of the Valetta Trust. Following an application presented to the Royal Court by Lisa in 2011, it has now been held that a funding agreement is in the interests of justice and is to be encouraged, provided that is is properly structured. Prior to this landmark decision, the legality and enforceability of funding agreements in Jersey remained untested, unlike in the United Kingdom and elsewhere.

Lisa is described as "an accomplished practitioner" by the Legal 500 2013 directory and is praised for "her diligence and excellent case management."

If you are interested in attending the conference, please contact STEP for further programme details.

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