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Widely regarded as one of the leading names at the Chancery Bar, Warnock-Smith is described as a joy to work with and a highly client-conscious lawyer.
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 trusts, succession and other private 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, Lincoln’s Inn and her Cayman base at International Chancery and Trusts Chambers. 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 in a variety of jurisdictions. She is admitted to practise in England and Wales, the Cayman Islands, the British Virgin Islands, Barbados and Trinidad and Tobago. She has been granted limited admission on several occasions to appear before the courts of Bermuda and Hong Kong and frequently assists local attorneys or advocates in other jurisdictions, including Jersey and Guernsey.
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
- Zhang & Ji and others v DBS Bank (Hong Kong) Limited and ors [2019] HKCFA 45 (Hong Kong Court of Final Appeal): appeared for the successful Appellant in vindicating the efficacy of anti-Bartlett clauses in Jersey law
- Equity Trust (Jersey) Ltd v Halabi, Re Z Trusts [2022] UKPC 36 (Judicial Committee of the Privy Council) – appeared for the successful Appellant in connection with the order of priority of trustees’ indemnity in the case of an “insolvent” trust – Jersey law.
- A v B and ors Cause No. FSD 56 of 2019; Grand Court of the Cayman Islands – approval of exercise of Trustee’s power of variation
- Re Settlements made by Declarations of Trust dated 9 May 2023, 28 September 2023 – the first publicly available decision in the Cayman Islands on the statutory Hastings-Bass jurisdiction
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.