Podcast Location:
Download it here [file size: 52.1 MB]
Categories:
Family Law
Real Estate & Property Law
Fraud, Financial Crime & Anti-Money Laundering
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 CPDcast aims to ensure that legal practitioners are familiar with the area of sham trusts and illegality.

Outcomes:
After completing the course you will:
  • Understand what is meant by the phrase “sham trust” Be aware of the relevant case law concerning sham trusts;
  • Know the meaning of the doctrine of illegality;
  • Understand the synergy between the doctrine of illegality and the law of trusts;
  • Be aware of the principles applicable to an application to amend a defence to plead illegality;
  • Understand the plans to reform the law of illegality.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Introduction
Legal Principles
Sources and References:
  • Snook –v- London and West Riding Investments [1967] 2 QB 786;
  • W T Ramsay Limited –v- Inland Revenue Commissioners [1981] 1 All ER 865;
  • Hitch and Others –v- Stone (Inspector of Taxes) [1999] CHD 7;
  • Re Esteem Settlement [2002] JLR 53;
  • Shalson –v- Russo [2003] EWHC (Ch);
  • A –v -A –v- St George’s Trustees Limited And Others [2007] EWHC 99 (Fam);
  • Holman –v- Johnson (1775) Cowp 341;
  • Patel –v- Mirza [2014] EWCA Civ 1047;
  • The Equality Act 2010;
  • Stack –v- Dowden [2007] UKHL 17;
  • Tinsley –v- Milligan [1993] UKHL 3;
  • Tribe –v- Tribe [1995] EWCA Civ 20;
  • O’Kelly –v- Davies [2014] EWCA Civ 1606;
  • Jones –v- Kernot [2011] UKSC 53;
  • Otkritie –v- Uramov & Ors [2014] EWHC 191 (Comm).
Tags:

In this CPDcast, John Wilson QC, a Barrister at 1 Hare Court, looks at the area of sham trusts and illegality. John focuses on what a “sham trust” is, the relevant case law, the doctrine of illegality and its relevance to trust law, outlining the key cases involving illegality before looking at possible reform in this area of law.

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: 37:54

Date Recorded: 15th June 2015

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