Law Wills / Probate / Trusts Wills / Trusts / Wealth Management

Contentious Trusts Handbook: Practice and Precedents

By Carl Islam
Law Society Publishing July 2020

Specifications

ISBN-13
9781784461249
Publisher
Law Society Publishing
Publication
July 2020
Format
Paperback + CD-ROM
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This practical, accessible and authoritative handbook covers all aspects of the law and practice relevant to trust disputes litigated in the English courts, including:

  • Supervisory jurisdiction of the court
  • Duties of trustees
  • Breach
  • Third party liability
  • Claims
  • Equitable remedies
  • Equitable defences
  • Litigation
  • Costs
  • ADR & Settlement

In addition to detailed guidance on claim analysis and preparation, proceedings in the Business and Property Courts, transnational trusts litigation, and the CPR, the author gives an account of costs management, and considers all ADR options.

The book also contains 20 precedents (on an accompanying free CD-ROM) and Practice Notes about: (i) ‘Art & Heritage Assets – Duties of Trustees’, by Pandora Mather-Lees, Art Historian; (ii) ‘Trust Litigation In The Cayman Islands’, by Hector Robinson QC, Mourant; and (iii) ‘A Mediator’s View’ by Anthony Trace QC, 4 Pump Court.

Table of Contents

1. Introduction
2. Supervisory Jurisdiction of the Court
3. Powers of Trustees
4. Duties of Trustees
5. Breach
6. Third Party Liability
7. Claims
8. Equitable Remedies
9. Defences
10. Litigation
11. Costs
12. ADR and Settlements
Appendices:
Precedents
Notes
Bibliography

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