Podcast Location:
Download it here [file size: 27.4 MB]
Categories:
Insolvency & Restructuring
Offshore
Trusts
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to provide practitioners with a detailed discussion of three aspects which can arise when the law of bankruptcy & insolvency clashes with the law of trusts. Those aspects covered are: when the settlor is made bankrupt; when the beneficiary is made bankrupt; and the idea of ‘insolvent trusts’. The podcast covers each of these issues in some depth, with reference to the relevant legislation, cases and practical examples. It discusses these issues in relation to both the UK and various offshore jurisdictions.

Outcomes:
After completing the course you will:
  • Have a solid understanding of what issues can arise when the law of bankruptcy & insolvency clashes with the law of trusts ;
  • Understand what can occur when a settlor is made bankrupt;
  • Appreciate the situation where a beneficiary is made bankrupt;
  • Be aware of what is meant by an ‘insolvent trust’;
  • Have knowledge of what can occur when a trust becomes insolvent and the relevant factors to consider;
  • Have a good knowledge of key cases in this area and multiple jurisdictions- England & Wales, Jersey and Guernsey;
  • Have considered and understood the practical examples and outcomes discussed in the podcast.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Legislative Updates
Market Update / Hot Topic
Panel Discussion
Sources and References:
  • Blight and others v Brewster [2012] EWHC 165 (Ch);
  • Re Esteem Settlement 2002 JLR 53;
  • Re Hemming; Raymond Saul & Co v Holden [2009] Ch 313;
  • Insolvency Act 1986;
  • Investec Trust (Guernsey) Limited et al v Glenalla Properties Limited et al [2014] Guernsey Court of Appeal;
  • Tasarruf Mevduati Sigorta Fonu (TMSF) v Merrill Lynch Bank and Trust Company (Cayman) Limited and others [2011] UKPC 17;
  • Trust Guernsey Law 2007;
  • Trust Jersey Law 1984;
  • Trustee Act 1925.
Tags:

In this CPDcast Elspeth Talbot Rice QC and Andrew Holden from XXIV Old Buildings discuss issues which arise when the law of bankruptcy & insolvency clashes with the law of trusts. The podcast covers three separate aspects: when the settlor is made bankrupt; when the beneficiary is made bankrupt; and ‘insolvent trusts’.

This course (podcast plus test) is accredited with 1 CPD hour for barristers at the Bar of England and Wales.

This course (podcast plus test) is accredited with 1 CPD point (0.5 for the podcast and 0.5 for completion of the test) for solicitors and legal professionals.

Podcast Length: 39.45

Date Recorded: 10 December 2014

TRANSCRIPT INCLUDED IN ADDITIONAL MATERIALS

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