Call: 1971

Silk: 2002

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For practice areas see below

"She is supremely skilled in complex onshore trust and estate work. She has the ability to see a complex set of problems in the round and produce a speedy and practicable answer." London (Bar), Trusts (Chambers UK) and Private Wealth: Trusts (The Bar) Chambers Offshore - Band 1


"She is a big player in the world and simply everywhere." London (Bar), Offshore Chambers UK - Band 1


"The consummate client barrister. She absolutely knows how to handle clients; she has enormous confidence and she radiates that. She is completely and utterly submerged in trusts law and knows it all." London (Bar), Chancery: Traditional – Chambers UK - Band 1 2016


"She has a good practice, and shows great attention to detail and sound judgement." One instructing solicitor says: "She is so approachable and a really good team player. She understands what we are doing and wants to find a practical, commercial solution." London (Bar), Charities Chambers UK - and 2


"She is brilliant. A first-class lawyer who is very calm and understated." "She is a very canny strategist - I have seen her pull rabbits out of hats." Chambers UK 2015 - Chancery Traditional


"Excellent counsel, who is highly respected and very practical when dealing with clients on trusts disputes." "One of the 'stars' of the Chancery Bar. An absolute expert in Cayman law and lovely to deal with. She has bags of intellect and great emotional intelligence too." Chambers UK 2015 – Trusts


"Absolutely one of the very top trusts lawyers." Chambers UK 2015 – Offshore


"She is a delightful person and is a well-known and respected silk at the Chancery Bar." Chambers UK 2015 - Charities.


 

Practice

As a referral barrister and Cayman attorney who acts on professional instructions Shân is both an adviser and a litigator with an equal enthusiasm for both. She specialises in private and commercial trusts, succession and other private and commercial wealth issues often involving a number of different jurisdictions. Shân has a truly international practice which takes her around the world from her London base at 5 Stone Buildings, Lincolns Inn and her Cayman base at ICT Chambers. She has a particular interest in wealth structuring and protection for international families from both the advisory and the litigation standpoints.

Shân is at the forefront of developments in the private client field and has been involved in many of the major trust cases of recent years. She is admitted to practise in England and Wales, the Cayman Islands and Trinidad and Tobago and has been called to bar of the Eastern Caribbean Supreme Court. She has been granted limited admission on many occasions to appear before the courts of Bermuda and elsewhere.


Professional Reputation

Shân is highly recommended as a leading Silk in the current editions of Chambers UK, The Legal 500, and Legal Experts.

The Legal 500 (2006) notes that her "track record on many leading cases is second to none."


Notable Cases

Shân is at the forefront of developments in the private client field and as a result she has been consulted by governments in connection with proposed legislative revisions to trust law. She appeared in Re Yorke (deceased)[1997] 4 All ER. 907, the test case on estates of Lloyds Names, and is the author of the subsequent Practice Direction permitting paper applications to the court in such cases. Some of Shân's other notable cases are:


  • Re Mrs L (Grand Court of the Cayman Islands) ) - the approach of the Cayman court to the property and affairs jurisdiction under the Mental Health Law.
  • MEP v Rothschild Trust Cayman Ltd (Grand Court of the Cayman Islands) - the jurisdiction of the court under section 63 of the Trusts Law (in similar terms to section 57 Trustee Act 1925) to confer a power to partition a trust fund.
  • Sutton v England [2010] WTLR 335, [2009]EWHC 3270 (Ch) (Court of Appeal, England and Wales) the jurisdiction of the English court under section 57 Trustee Act 1925 to confer a power to partition a trust fund.
  • A v Rothschild Trust Cayman Ltd [2006] WTLR 1129 (establishing the availability of the Hastings-Bass jurisdiction in Cayman)
  • Re Carapiets Trusts [2002] WTLR 989 (foreign charitable purposes)
  • IRC v Mallender [2001] WTLR 459 (availability of IHT business property relief for Lloyds underwriter)
  • Midland Bank v Wyatt [1995] 1 FLR 697 (the first English case on sham trusts)
  • Trustee 1 v Attorney-General of Bermuda [2014/15] (Bermuda Supreme Court and Court of Appeal): several novel applications concerning Bermuda purpose trusts
  • AN v Barclays (Grand Court of the Cayman Islands) – the validity of "no contest" clauses
  • Re Alpha Beta Trusts (Bermuda Supreme Court) – variation of trusts under section 47 of the Bermuda Trustee Act 1975

Shân has also appeared in numerous important and often highly sensitive unreported cases dealing with variations of trust, construction and rectification proceedings, breach of trust claims and applications for directions by trustees, particularly those concerning the sale or management of family companies, the effect of orders made on the divorce of settlors or beneficiaries and the impact of marital regimes on the offshore "firewall" legislation.

Mediation

Shân is an accredited mediator and a specialist in the mediation of trust and probate disputes.



Professional Memberships

Shân is a member of STEP, ACTAPS, the International Academy of Trust and Estate Law and the Chancery Bar Association. She is also an Emeritus Bencher of Lincolns Inn. Shân also sits on the editorial board of the STEP-sponsored Wills and Trusts Law Reports.



Publications and Lecturing

Shân contributes regularly to professional journals. She is a regular speaker at professional conferences both in England and abroad and has recently spoken as far afield as Bermuda, Dubai and Hong Kong. Shân has chaired the highly successful Trusts and Estates Litigation Forum in Provence since its inception 10 years ago and has spoken at trust conferences around the world.