Recent recognition
Track record
Beneficiaries advice
Dawn acted with Sarah Aughwane in the trustee accounting case of Henchley v Thompson [ 2017] EWHC 225 (Ch), advising successful beneficiaries in their claim against the trustee of a family trust for an account dating back over 40 years.
Recovery of misappropriated art
In the New York case of Naxos Art Inc v Zoullas No 16 Civ 7269 (JFK) (S.D.N.Y. Jul 7, 2017), Dawn advised a trust company while Dean Nicyper and Peter Wood acted in the recovery of misappropriated art worth millions of dollars from a custodian.
Removal of protector
In the matter of the K Trust, Guernsey Judgment 31/2015, Dawn worked alongside Guernsey advocates and Counsel to advise 11 of 14 adult beneficiaries on an application - the first in Guernsey - seeking removal of a protector whose approach was no longer considered to be in the best interests of the beneficiaries. The Royal Court established the test in Guernsey for removal of protectors and dealt with incidental issues, such as specific indemnities, to which it considered the protector was not entitled in the absence of indemnity provisions in the trust deed.
Disclosure of information against beneficiaries
In the matter of the R and RA Trusts (Guernsey C.A.) [470/2014] Dawn and Sarah Aughwane worked alongside Guernsey advocates advising beneficiaries who were the subject of an innovative application by trustees for disclosure of information against the beneficiaries in the context of an application to the Court by the trustees for the blessing of a trustee decision.
Forced heirship
In Durham v Lambton & Others [2013] EWHC 3566 (Ch), Dawn acted for the Earl in proceedings before the English courts in which those claiming pursuant to Italian forced heirship rules fought to stay the proceedings on the basis of forum non conveniens in favour of the Italian Courts.
Trust protectors' duties
Dawn and Sarah Aughwane worked alongside Jersey advocates for the successful beneficiaries in The Matter of the A and B Trusts [2012] JRC 169A, where the Royal Court of Jersey made new law on the scope of the duties of trust protectors and the grounds on which they may be removed from office. The Royal Court proceeded to suspend the protector's powers and removed him from office due to not only him having misunderstood his duties to the beneficiaries but also as a result of his failure to keep a watchful eye on the trustee's management of the trusts.
Protecting beneficaries' interests
Re C Trust Company Limited [2009] JRC 048 was a Jersey case on ring-fencing trust assets from the impact of divorce, in which the Court adopted a novel approach to protecting beneficiaries' interests from relief proceedings in the family courts.
Beneficiaries conflicts of interest
A Trustees Limited v W,X,Y and Z [2008] JRC 097 was a Jersey case on conflicts of interest and the approval of a distribution to beneficiaries, in which the Royal Court of Jersey confirmed the basis on which it will give or withhold such approval.
Talks
'The impact of divorce on trustees and beneficiaries', ThoughtLeaders4 Virtual conference - July 2020
'Troubleshooting in the Trust World' - Church House Investment Management - November 2019
'Trustees and the Family Business', STEP Essex - October 2019
'Private Client case update', International Trusts & Private Client Forums: Jersey & Guernsey - March 2019
'Whither privilege - attorney client confidentiality in the Cayman Islands, the USA and the UK', STEP Cayman International Wealth Structuring Forum - 31 January - 1 February 2019
'Trusts & Divorce - an overview for trustees and practical tips', Butterfield Trust (Bahamas) Ltd - Bermuda
'Trusts of the Future' , Private Investor: Middle East - September 2018
'Trusts & Companies caught in the cross-fire of Divorce?' Transcontinental Trust Conference Bermuda - June 2018