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The economic downturn and resulting government measures in the UK and abroad shaped the nature of private client work in 2010. The introduction of the 50% income tax rate for trusts and higher earners, and the increase in CGT from 18% to 28%, led to wealthy families restructuring assets to reduce their exposure. Disclosure issues came to the fore due to the relatively recent establishment of the High Net Worth Unit at HMRC and the Lichtenstein Disclosure Facility. As families grow ever more international, advice on tax changes in other jurisdictions is key, while on the domestic front Court of Protection work is growing as clients live longer. Disputes are also on the rise.

The charity and not-for-profit sector has been shaken up by government cuts and a need to re-position for the implementation of the ‘Big Society’. The relationship between trust law and family law continues to play out in the courts, in landmark cases such as Radmacher and Robson, with the former creating a flurry of pre-nuptial work for family lawyers. Keeping cases out of court is a priority for most family lawyers, and the collaborative approach pioneered by practitioners such as Family Law in Partnership LLP’s James Pirrie and Gillian Bishop is growing ever more prevalent.

The market is divided between firms with international offices in fertile hunting grounds for wealthy individuals such as Geneva or the Middle East – the likes of Withers LLP and Charles Russell LLP – and those which operate, very successfully, from a UK office, such as Macfarlanes LLP and Farrer & Co. Withers LLP stands out for its superb international reach, with offices in Milan, Hong Kong, Zurich, Geneva, the British Virgin Islands and the US, and covers every conceivable aspect of private client: multi-jurisdictional pre-nups, charitable legacies, landed estates, complex tax and trust structuring, cross-border probate, succession planning and international trust disputes. Macfarlanes LLP is unusual in its dedication to maintaining market-leading corporate and private client practices, and has a strong entrepreneurial client base. Farrer & Co is well known for advising members of the Royal Family and aristocracy, and is also a forward-looking and comprehensive private client practice with international expertise.

The legal market is in an interesting state of flux, with a trend for breakaway boutiques. Harcus Sinclair set the ball rolling back in 2002, followed by Maurice Turnor Gardner LLP, which split from Allen & Overy LLP in 2009. In 2010, four private client partners left Lawrence Graham LLP to establish Berkeley Law; and a trio of partners from Payne Hicks Beach left to establish New Quadrant Partners LLP.

In terms of notable partner moves, star practitioner Rupert Ticehurst left Herbert Smith LLP for Berwin Leighton Paisner LLP, beefing up the firm’s capacity to handle trust disputes; and Charles Russell LLP lost the head of its contentious trusts practice, Morven McMillan, who moved to Cayman Islands firm Mourant Ozannes. In the family sphere, Tom Amlot left Harbottle & Lewis LLP to join Alexiou Fisher Philipps; and Speechly Bircham LLP lost Richard Hogwood to Stewarts Law LLP and John Nicholson to Irwin Mitchell LLP.

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