Ogier's TAG seminar focuses on breach of trust and non-dom rules insights from Mishcon de Reya lawyers

Ogier's next Trust Advisory Group seminars on breach of trust and changes to non-dom rules features speakers from leading London firm Mishcon de Reya.

The TAG seminar taking place in Guernsey from noon on Friday 21 October will feature Mishcon partner Peter Steen and managing associate Charlie Sosna.

Peter – who used to practice in Jersey – will be speaking about ''Breach of trust and the law on costs: lessons for trustees from the recent cases of Daniel v Tee and Blades v Isaac" and Charlie will be looking at changes that lie ahead in respect of taxation of non-doms.

The Trust Advisory Group draws together experts from private client and trusts, and from dispute resolution, to apply a cross-disciplinary perspective on recent changes in the private client sphere.

Mathew Newman, who heads the Guernsey Dispute Resolution team, said that the two subjects were key to practitioners at the moment after recent developments.

He said: "Whilst no trustee would wish to contemplate an action for breach being brought against it, the Court's conclusion on where the burden of costs will fall is will be a very significant factor for a trustee or indeed their insurers in determining how to approach such a claim.

"The Guernsey Court has in recent years delivered a number of judgments on the principles to be applied to the issue of costs of trust related proceedings but given the persuasive effect of English judgments in this field it will be interesting to learn what the current approach of the English Court is."

Marcus Leese, who leads Ogier's Guernsey banking and finance law team, said: "In respect of the non-dom changes, the use of Guernsey trusts has historically been driven at least in part by seeking to achieve effective tax planning for individuals living in the UK. 

"Changes to the English law in this area will have a direct knock on to the use and effectiveness of offshore structures and therefore in the current economic climate where taxation is very much at the forefront of many government's minds, this update will be of great relevance to those working in private wealth planning and structuring."