Shan Warnock-Smith QC - 5 Stone Buildings
King's counsel / Mediators

Shân Warnock-Smith KC

Call to Bar:1971

Appointment to Silk:2002

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.

 

5 Stone Buildings - building sign
Legal 500 2024

"Shan is at the absolute pinnacle of her profession in the trust world. She is 100% class and provides expertise on the full range of trust matters from advisory work through to highly contentious trust matters."

Legal 500 2020

"She knows Cayman trust law like no other, she is loved by attorneys island-wide."

Legal 500 2020

"Has the ability to cut straight to the heart of the problem and to think creatively to find commercial solutions which fit neatly within the client's expectations."

Chambers and Partners High Net Worth 2019

"She is incredibly personable. She is impressive not just in dealing with solicitors, but client-facing as well. Her advice is easy to digest and she has the best manner"."

Chambers and Partners High Net Worth 2019

"If something comes up, she's seen it before, and if not she rolls her sleeves up and works it out - she's truly wonderful with clients, in a way that is very rare in such an eminent QC."

About Shân Warnock-Smith KC

Professional Reputation

“Shân Warnock-Smith KC is an exceptionally well-regarded silk who is a particular expert in offshore matters.”   “She is at the top of the game.  A preeminent silk who is amazing to work with.  She has an incredible work ethic and is great to work with as part of the team.  In court she’s a real stand out.” UK Bar, Chancery Traditional  (Chambers 2024) – Band 1

“[She] is a dominant presence in high-profile offshore litigation who has outstanding credentials in private wealth and wealth structuring work.  She also practises at ICT Chambers in the Cayman Islands and offers a wealth of experience of acting in Cayman cases and those in wider Caribbean jurisdictions including the BVI.   [She] is especially active in trust disputes.”    “Shân is one of the top barristers in the international trusts Bar.  She’s a massively successful and bright collaborative lawyer.”   “Shân’s grasp over a wealth of information is incredible.  She picks up complex pieces of law and presents them in a really impressive way, the speed of which is nothing short of breathtaking.”  Offshore – London Bar (Chambers UK 2024) – Band 1

“She is an expert on private client issues, including all aspects of trusts and succession work.  She is exceptionally well known for her work offshore and overseas and is an excellent choice for work in the Cayman Islands.”  “She is a legal titan at the top of her game and extremely knowledgeable”.   “Incredibly successful and one of the top people for international trusts.  She is always a huge pleasure to deal with and someone who gets things done.   Trusts – London (Bar) (Chambers UK 2024) – Band 1.

“Technically brilliant, straight to the issues.  Team player and a client-facing barrister”.  The English Bar Offshore, Legal 500 2024 – Band 1

“Shân is an immensely experienced and brilliant strategist and stays calm even in the face of an overly aggressive adversary.  She is down to earth, has a lovely human side, and clients love her – she is someone you want on your team.  Private Client:  Trusts and Probate Legal 500 2024 – Band 2

Trusts and private client – Domestic and International

Shân’s practice involves all aspects of trusts and estates, both contentious and non-contentious. She is equally at home advising on wealth structuring for clients around the world or on cooperative variations of trust as she is in hotly-contested trust disputes. 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).
  • 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.
  • Re Y Trusts (Grand Court of the Cayman Islands) – rectification of a trust where protector improperly appointed.
  • Appleby v Citco (BVI Commercial Court) – breach of trust by trustee for failing to supervise investment manager.

Shân has also appeared in numerous important and often 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 and divorce orders affecting offshore trusts.

International presence

Shan is admitted to practice in England and Wales, the Cayman Islands and Trinidad and Tobago. She has also been admitted on many occasions in Bermuda and the British Virgin Islands. She often assists in cases in Hong Kong, Singapore, Jersey, Guernsey, the Bahamas, the Isle of Man and all other jurisdictions in which her expertise is relevant. Her Cayman chambers provides an international base from which she is particularly well placed to advise clients for whom the Caribbean time zone is convenient, particularly those from the US and South America. She is able to make herself available, often at short notice, in whatever jurisdiction is most convenient for her professional and lay clients.

Mediation

Shân is an accredited mediator and a specialist in the mediation of trust and probate disputes, particularly those with an international dimension.

Expert Evidence

 

Shân has provided expert evidence, both oral and written, of Cayman Islands law in a number of cases in the English courts.

 

 

Professional Memberships

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

Publications and lecturing

Before coming to the Bar Shân lectured for some years in the law of trusts and property. She contributes regularly to professional journals. She is a highly-regarded and frequent speaker at professional conferences around the world and has chaired the highly successful Trusts and Estates Litigation Forum in Provence since its inception eleven years ago.

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