David’s practice encompasses all aspects of trusts and related company matters, with particular emphasis on international trust, corporate and commercial structuring, financial products, purpose trust and other SPV arrangements, international estate planning.
His litigation work covers all matters within these fields, in both the English and the Commonwealth courts. Recent matters include a multi-jurisdiction claim for the recovery of $100m trust assets, a trust dispute in the Channel Islands concerning control of a €100m manufacturing group in Europe; a trust and company dispute in the Caribbean involving a manufacturing group in the Far East; a $2bn company share ownership dispute in the Caribbean; a trust and partnership dispute in the Bahamas; advising on a group of trusts concerned in various US Senate and SEC investigations; advising on use of BVI (Vista) and Cayman Islands (Star) trusts in SPV/orphan company structures.
Important reported cases include Republic of Pakistan v Zardari [2006] EWHC 2411 (challenge to jurisdiction, fraud, bribery, company winding up), Green v Gaul [2007] 1 WLR 591 (Court of Appeal – limitation of actions); Wolff v Wolff [2004] STC 1633 (mistake); Schmidt v Rosewood Trust [2003] 2 AC 709 (Privy Council on appeal from the Isle of Man) (beneficiary rights to information); Kellar v Williams [2000] 2 BCLC 390 (Privy Council on appeal from the Turks & Caicos Islands - company law: whether a receipt constituted a loan or contributed capital); Re Stravelakis 1999-01 MLR 668 (Isle of Man - sham trusts; jurisdiction).
David has also advised in several important Jersey cases including Re Mackinnon (2005) (sham trusts); Re The S Settlement (2001) 4 ITELR 206 (criteria for seeking directions to trustees); Re Esteem Settlement [2004] WTLR 1 (validity of trusts: sham, lifting the veil and remedial constructive trusts); Re Esteem Settlement [2001] JLR 7 (discretionary distribution to discharge a beneficiary’s creditor); and. Re Rabaiotti Settlement [2000] JLR 46 (trusts and matrimonial disputes; right to information),
David is the founder and editor of the Journal of International Trust and Corporate Planning (Jordans), an Academician of the International Academy of Estate and Trust Law, and a member of STEP, serving on the International Committee.
Recommendations:
Chambers & Partners/2009 recommends David for traditional Chancery.
Academic history:
LLB, Nottingham
Consulting Editor International Trust Laws (Jordans)
Founder and editor of the Journal of International Trust and Corporate Planning (Jordans)
Appointments:
Accredited mediator
Professional memberships:
Academician of the International Academy of Estate and Trust Law
Society of Trust and Estate Practitioners (STEP), serving on the International Committee