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Chambers of Henry Harrod

LINCOLN'S INN, LONDON, WC2A 3XT, ENGLAND
Tel:
Work 020 7242 6201
Fax:
Fax 020 7831 8102
DX:
304 LONDON CHANCERY LANE
Email:
Web:
www.5sblaw.com

Shan Warnock-Smith QC

Tel:
Work 020 7242 6201
Email:
5 Stone Buildings (Chambers of Henry Harrod)

Position

Barrister who is an adviser and a litigator in the whole range of trust, estates and charity matters and has a particular interest in wealth structuring for international families from both the advisory and the litigation standpoints. In addition to her English practice, she practises extensively in the offshore jurisdictions, particularly in the Caribbean. She established ICT (International Chancery and Trusts Chambers) in Cayman and has been admitted to practice there. In 2008 she was admitted to practice in the Courts of the Dubai International Finance Centre. She is at the forefront of developments in the private client field. She appeared in Re Yorke (deceased) [1997] 4 All ER 907, the test case on estates of Lloyd’s Names, and is the author of the subsequent Practice Direction permitting paper applications to the court in such cases. Among some of her other reported cases are: Midland Bank v Wyatt [1995] 1 FLR 697 (the first English case on sham trusts); A v Rothschild Trust Cayman Ltd [2006] WTLR 1129 (establishing the availability of the Hastings-Bass jurisdiction in Cayman); AN v Barclays [2007] WTLR 565 (validity of no contest clause) and Re Circle Trust [2007] WTLR 631 (nature of power to appoint a protector); MEP v Rothschild and Sutton v England [2010] WTLR 335 [2009] EWHC 3270 (Ch) (use of court’s power to confer administration powers of partition). She has also appeared in numerous important and often highly sensitive unreported cases dealing with variations of trust, construction and rectification proceedings, breach of trust claims and applications for directions by trustees, particularly those concerning the sale or management of family companies. Shân is a mediator of trust and estates disputes.

Career

Called 1971; Gray’s Inn and Lincoln’s Inn; QC 2002; accredited mediator; Bencher of Lincoln’s Inn; on Editorial Board of the ‘Wills and Trusts Law Reports’.

Member

Society of Trusts and Estates Practitioners; Association of Contentious Trust and Probate Specialists; Chancery Bar Association; International Academy of Estate and Trust Law; chair of the Trusts and Estates Litigation Forum since its inception.

Education

Westlake High School, Auckland, NZ; Portsmouth High School; King’s College, London.


London Bar

Offshore

Within: Leading Silks

Shân Warnock-Smith QC - 5 Stone BuildingsShe knows Cayman trust law like no other, she is loved by attorneys island-wide.

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Private client: trusts and probate

Within: Leading Silks

Shân Warnock-Smith QC - 5 Stone BuildingsHas the ability to cut straight to the heart of the problem and to think creatively to find commercial solutions which fit neatly within the client's expectations.

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