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Index of tables
Contentious trusts and probate
Leading individuals
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- Dawn Goodman Withers LLP
- Toby Graham Farrer & Co
- Paul Hewitt Withers LLP
- Robert Hunter Herbert Smith LLP
- Steven Kempster Taylor Wessing LLP
- Graeme Kleiner Speechly Bircham LLP
- Alison Meek Harcus Sinclair
- Damon Parker Harcus Sinclair
- Simon Rylatt Boodle Hatfield
- Rupert Ticehurst Berwin Leighton Paisner LLP
- Richard Turnor Maurice Turnor Gardner LLP
- Andrea Zavos Speechly Bircham LLP
‘Maybe equalled but never beaten’, Baker & McKenzie LLP is a popular port of call for high-value, multi-jurisdictional trust disputes. Practice head Anthony Poulton and Andrew Keltie have ‘remarkable knowledge and a wealth of expertise, and are consummate strategists’. The team’s diverse workload includes trust litigation arising from investment losses suffered by trustees and beneficiaries in the credit crunch. Clients appreciate its ‘seemingly limitless resources’ and international capabilities.
The ‘highly capable’ Dawn Goodman heads the 16-lawyer team at Withers LLP, which covers every facet of contentious trust litigation, from large-scale international disputes to cross-border succession issues, domestic disputes and charity legacies. The team acted for the trustees in Futter v Futter, which has significant ramifications for trustees; and also acted in Re MN, the leading case on cross-border incapacity welfare decisions. Paul Hewitt is noted for his ‘in-depth knowledge and sensitive handling of the issues’. The team benefits from the firm’s wide-ranging international network.
Boodle Hatfield fields an excellent contentious trusts and probate team headed by the ‘clever and quick-thinking’ Simon Rylatt. It includes seasoned litigators Sofie Hoffman, who is ‘knowledgeable and practical’, and Will Twidale, noted for his ‘sound judgement’. The team regularly undertakes high-value work for onshore and offshore clients, often with an international dimension. Richard Moyse also has considerable expertise in the area.
Practice head Toby Graham at Farrer & Co is considered an outstanding practitioner, with ‘the highest legal knowledge and skills’ and an ‘extremely pleasant and approachable manner’. He heads an international practice which covers Jersey, Lichtenstein, Bermuda, and the Cayman Islands, among other jurisdictions, and can draw on the wealth of expertise in the firm’s private client practice. The high-quality team includes the ‘disarmingly courteous and on-the-ball’ Jeremy Gordon; the ‘superlative’ Mark Bridges; and ‘experienced and tough litigator’ James Price. Associate Peter Steen, who joined from Mourant Ozannes, is one to watch.
Private client boutique Harcus Sinclair has one of the largest dedicated contentious trusts practices in London. The high-quality team includes standout practitioners Alison Meek, who has a ‘razor-sharp brain’, and is ‘seriously brilliant’; the ‘cerebral and effective’ Damon Parker; and the ‘tenacious’ Lucy Gibson. New partner Jon Beresford is also recommended. Highlights included advising on the estate of a deceased oligarch, and acting in the estate of Robert Kelton, a disputed multimillion-pound estate.
Litigation powerhouse Herbert Smith LLP has an established reputation for contentious trusts and probate work, and has the advantage of being able to draw on expertise across its network of global offices. Fraud and asset tracing specialist Robert Hunter, who heads the trusts litigation group, is ‘extremely impressive, and has fantastic legal and strategic nous’. Standout practitioner Rupert Ticehurst left to join Berwin Leighton Paisner LLP.
The ‘superb’ Charles Lloyd heads the ‘thorough’ and ‘nice-to-deal-with’ contentious trusts and probate team at Macfarlanes LLP, which handles a mix of complex international litigation, mediation and offshore litigation. The team benefits from the firm’s sterling private client practice, and acts for an impressive client base of entrepreneurs and blue-chip companies. Simon Day ‘gets to grips with the intricacies of a case’, and Nicholas Pryor and Willie Manners are also singled out for praise.
Speechly Bircham LLP has an impressively well-rounded practice that encompasses high-value trust disputes, key trusts and divorce cases, legacy disputes and work for trust companies – such as Equity Trust, Capita Trust and Seymour Trust – in offshore jurisdictions. Graeme Kleiner is in ‘the first rank of contentious trusts litigators in London’, and jointly heads the practice with Andrea Zavos, who ‘combines the judgement of a top-flight commercial litigator with the charm and personability of the perfect private client lawyer’.
The ‘energetic, capable and easy-to-work-with’ Steven Kempster heads an excellent five-partner team at Taylor Wessing LLP, which is underpinned by the firm’s superb private client capability and international reach. Recent highlights include two separate instructions to act in major trust disputes in the Bermuda courts, each involving a trust worth over £2bn. Andrew Hine is highly respected, and noted for his ‘expertise and sound judgement’.
Bircham Dyson Bell LLP ramped up its contentious trusts and probates practice with the appointment of Nick Holland as practice head, who joined from Caymans Islands firm Solomon Harris. Its diverse workload includes offshore trustee litigation and complex family disputes. Clients include entrepreneurs, corporate trustees and landed estates.
Senior partner Patrick Russell heads the practice at Charles Russell LLP after the departure of Morven McMillan to Mourant Ozannes in the Cayman Islands in 2010. Suzanne Marriott is ‘an excellent practitioner with good judgement: she fights on pivotal issues, but shows flexibility where needed’.
Jeremy Kosky at Clifford Chance has a good reputation for his stewardship of large-scale trust litigation involving breach of fiduciary duty, breach of trust, negligence or fraud, representing trustees, corporates and financial institutions.
Catharine Bell heads the four-partner team at Lawrence Graham LLP, which has a focus on servicing professional trustees and ultra-high-net-worth individuals. The team can draw on expertise in Monaco, Dubai and Moscow.
The ‘highly capable’ Tony Morton-Hooper heads the team at Mishcon de Reya, which acted for Dr Christine Gill in the Court of Appeal case RSPCA v Gill, which upheld the decision to overturn her mother’s £2m legacy to the RSPCA. Mark Keenan is recommended for his ‘expertise, enthusiasm and tenacity’.
Berwin Leighton Paisner LLP’s commitment to providing a comprehensive private client offering was demonstrated by its hire of ‘brilliant technical expert’ Rupert Ticehurst from Herbert Smith LLP in 2011, who has considerable contentious expertise. Damian Bloom and litigator Ian de Freitas are also recommended. The firm successfully acted for Vivian Imerman in key case Imerman v Tchenguiz.
The ‘knowledgeable’ Emily Mailer and Alan Kaufman head the contentious team at Finers Stephens Innocent LLP, which complements the firm’s private client practice.
Forsters LLP ‘punches above its weight’ in terms of the quality of its contentious instructions, which in 2010 included Chisholm, a key rectification case. Caroline Bassett is ‘top of the tree’, and Emily Exton has ‘sound commercial judgement’.
Contentious trusts and probate is part of the full-service private client practice at Laytons. Ian Burman heads the team.
Niche practice Maurice Turnor Gardner LLP recruited Jenny McKeown and Helena Berman from Mercers to boost its contentious practice. The firm continues to advise the three oldest children of Lord Palumbo in their claim for his removal as trustee.
Stephen King and Graham Brown are the key contacts at Payne Hicks Beach, which advises on diverse matters including UK trust disputes, conflicts between beneficiaries and trustees, and disputes over wills and trust documents.
Michael Cash at Penningtons Solicitors LLP has a first-rate reputation, handling probate cases with ‘calm diplomacy’. Standout instructions included acting in Ferneley v Napier, which clarified the standard of proof required when trying to prove a will where no copy exists. Sian Hodgson is ‘second to none’.
Russell-Cooke LLP has a solid practice which covers probate and administration claims, I(PD)A 1975 claims, and Court of Protection work as well as some trust litigation. Alison Regan is ‘exceptional’ in mediating claims, and Richard Frimston provides expertise in cross-border disputes.
Stephenson Harwood’s contentious trusts practice services its institutional banking client base, particularly offshore trust service providers. The firm has expertise in complex, multi-jurisdictional trust litigation.
The ‘extremely competent and sensible’ Paula James heads the London contentious trusts practice of Thomas Eggar LLP.
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