No research is ever quite complete. It is the glory of a good bit of work that it opens the way for something still better, and this repeatedly leads to its own eclipse. - Mervin Gordon
‘Heavy Duty’ (2016) 24(5) STEP Journal 32
As fiduciaries, directors of companies should not put themselves in a position where their interest and duty conflict. Andrew Lynn explains what can be learned from a recent ruling of the Hong Kong Court of Final Appeal on the scope of the no-conflict rule.view more
Dealing with trust-owned companies: property rights and fiduciary obligations, Trusts & Trustees Advance Access
‘Dealing with trust-owned companies: property rights and fiduciary obligations’ (2016) 22(7) Trusts & Trustees 7752016
Damned if you do, damned if you don’t: how should trustees respond in divorce proceedings?
Trustees are faced with difficult questions when they become embroiled in divorce proceedings and there can be serious financial and reputational consequences should they handle matters badly. While there have been several cases providing judicial guidance on the proper role for trustees, there remains uncertainty in the trust industry and the legal profession as to how trustee risk can be best managed in these circumstances. This article joins the ongoing debate by considering what is expected of trustees in the light of recent decided cases in England and Wales, offshore, and in Hong Kong, with particular reference to: whether to submit to jurisdiction; in what manner to make representations to the divorce court; the preferred substance of the trustee’s representations; and the approach post-judgment.view more
Applying the Charman test to trusts in divorce: the decision of the Hong Kong Court of Final Appeal in Kan Lai Kwan v Poon Lok To Otto and HSBC International Trustee Limited
Applying the Charman test to trusts in divorce: the decision of the Hong Kong Court of Final Appeal in Kan Lai Kwan v Poon Lok To Otto and HSBC International Trustee Limited, (2015) 21(3) Trusts & Trustees 285
This article examines the treatment of discretionary trusts in divorce, with reference to the recent decision of Hong Kong’s Court of Final Appeal in the case of Kan Lai Kwan v Poon Lok To Otto and HSBC International Trustee Limited (‘Poon’). In particular, it considers the evolution and application of the Charman test for determining whether the assets of a discretionary trust will be a ‘resource’ attributable to a spouse in ancillary relief.view more
Hong Kong Public Law Reports
Dr. Gerard “Gerry” McCoy SBS QC SC (Head of Chambers) (General Editor (1995 - 2015))
Members of Gilt Chambers’ have a diverse range of backgrounds and experience. Many hold qualifications outside of law, or have worked in other industries and apply this wide range of knowledge to their everyday practice.