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A Matter of Trust

A Matter of Trust

Editor's Note

Welcome to the first 2024 edition of our Matter of Trust newsletter - on topics and news from the Mishcon Private department on a range of subjects relevant to fiduciaries.

Read the full note

News

Abstract concrete

The "fictitious" beneficiary: Fraser v Khawaja

In a 2023 judgment released last month, a case of a disputed and so-called fictitious "enigma" of a beneficiary involved such overwhelming evidence of fraudulent behaviour that it ultimately led the Court to make, not only a finding of forgery, but a referral to the police for criminal investigation.

News

Abstract

Entrepreneurs Relief - a BAD Relief for trustees?

Many readers will know that Entrepreneurs Relief (ER), now known as Business Assets Disposal Relief (BADR), allows capital gains on the sale of a qualifying business to be taxed at just 10% rather than the much higher standard rate of Capital Gains Tax (CGT).

News

abstract-architecture-swirl

Carry on, regardless: Patrick Harney and Christopher Eames for the STEP Journal

Dating back to the 16th century, carried interest is a remuneration structure favoured by private equity executives that has recently come under public scrutiny in the UK. The Labour Party has suggested that, should it win the next general election, it would tax carried interest as income.

News

The Civil Justice Council (CJC) consultation on capacity to litigate: a closer look

In December 2023, the Civil Justice Council (CJC) initiated a consultation into the procedure for determining mental capacity in civil proceedings.

News

TUI UK Ltd v Griffiths: an unfortunate holiday, but a good day for English common law

In a significant recent decision, in TUI UK Ltd v Griffiths [2023] UKSC 48, the Supreme Court has rejected arguments that uncontroverted expert evidence could nevertheless be rejected by the trial judge.

News

abstract cross weave

True or false? Demystifying mediation for National Family Mediation Week

Mediation is one of the most popular forms of non-court dispute resolution, with many separating couples achieving a resolution of the issues between them without the acrimony or cost of court proceedings.

Event 5 Mar 2024

Trustees in the Arts

Mishcon de Reya's Art Law and Charities, Social Ventures and Philanthropy teams are hosting a morning seminar session for Trustees in the Arts on 5 March.

Event 27 Feb 2024

abstract black architecture

Private Perspectives Conference

We are pleased to invite you to Mishcon de Reya’s inaugural Private Perspectives Conference which will cover the things that matter to our clients from the areas within Mishcon Private.

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