Private wealth
Jenny’s practice covers acting for both private individuals and trustees in complex high value trust disputes, often in a fraud context. Jenny has particular expertise in applications to construe, rectify and vary trust documents.
Zorin Sachak Khan & Others v Gany Holdings (PTC) [Civil Appeal BVIHCMAP 2014/0018]
Acting for three beneficiaries of a family trust in a claim for an account and removal of a trustee where substantial assets have been misappropriated from the Trust.
Theta Investments Ltd v Rysaffe & Others [CL-HC-2014-000840]
Acting for a trustee defending the validity of an assignment of proceeds of sale into a trust and the validity of the trust. Advising the trustee on compliance with freezing orders.
Rectification Application
Acting for the Trustees of a large family trust in an application to resolve the issue of whether or not the settlor’s wife obtained an entitlement to the income of the Trust following the death of the Settlor.
Application to vary a Trust
Acting for the adult beneficiaries in an application to vary a number of family trusts where the paternity and beneficial status of a family member is uncertain.
Negligent investment of trust assets
Advising the beneficiaries of a family trust on claims against the trustee for negligent investment of trust assets.
Application for Letter of Request
Successfully obtaining an order for a Letter of Request asking the English Court to order the deposition of a partner of a leading law firm in relation to confidential files and information to assist in determining the assets of a trust.
Application for pre-trial Norwich Pharmacal Orders in the BVI
Obtaining disclosure from BVI company registered agents to identify and trace assets belonging to a trust.
Probate dispute
Acting for the partner of a high profile deceased in connection with a dispute over chattels left to her under the deceased’s will.
Removal application
Acting for the trustee in relation to a claim for mismanagement of trust investments and expenses and a claim for removal of the trustee.
Probate dispute
Advising on jurisdiction issues in relation to a potential dispute and subsequent division of certain high value memorabilia assets between beneficiaries located in different jurisdictions.
More: Private wealth
Pensions dispute resolution
Jenny acts for corporates, trustees, financial services firms, law firms, insurers and representative beneficiaries in all aspects of pensions litigation with a particular expertise in applications to construe or rectify trust documents and defending professional negligence claims against advisers.
Danks & Others v QinetiQ Holdings Ltd & Others HC11C04105 [2012] EWHC 570 (CH)
Acting for the Representative Beneficiary in a Part 8 Application to determine whether the scheme documentation could be amended to change the basis of indexation from RPI to CPI.
Unomedical Pension Plan v Sedgwick Financial Services Ltd & Others HC11C041163
Defending a professional negligence claim for a purported failed equalisation of benefits.
Honda Motor Europe Ltd & Another v Powell & Another
Acting for the sponsoring employer in an application to rectify scheme documentation to record the agreed benefits to be provided to a category of pension scheme members.
Negligent drafting of pension scheme documents
Acting for a major UK law firm and its professional indemnity insurers in relation to claims made against it in connection with pensions advice.
Unauthorised payments
Advising the Trustees of a pension scheme in relation to a dispute with a spouse of one of the deceased members over payments made in breach of trust to the spouse.
Failed Equalisation of benefits
Advising a household name on the effectiveness of the implementation of equalisation of benefits for its UK pension scheme and the steps to be taken to rectify the position.
More: Pensions dispute resolution
Corporate trusts
Security trustee of a distressed mini bond scheme
Working with the restructuring and insolvency team to advise the security trustee on the administration of a high profile mini-bond scheme.
Contentious retirement of security trustee of a corporate bond
Advised the security trustee of a corporate bond on a contentious retirement under pressure from an aggressive activist bondholder. Advised the security trustee on potential enforcement strategies against a high profile insolvent corporate issuer in India.
Security Trustee of a project finance transaction in an ICC arbitration
Successfully acted for the security trustee in its role in the financing of a major energy project in an arbitral claim brought by the borrower against the main sub-contractor. We are now advising on seeking to enforce the Arbitral Awards forming part of the security package against the sub-contractor.
Calculation agent of a securitisation
Advised the calculation agent on the successful resolution of complex errors identified in the administration of an esoteric student loan securitisation and its potential exposure to claims from other parties to the transaction.
The manager of a distressed Unit Trust
Advised the manager of a distressed Unit Trust on a dispute with the Unitholders and a difficult retirement process complicated by the invalidity of the underlying transaction documents.
Issuer of a private placement bond
Advised on a dispute with the bondholders and security trustee of a private placement bond seeking to enforce the bonds and the subsequent redemption of the notes by the issuer.
Nordic Trustee ASA v Sea Trucks Group Limited (in Liquidation)
Acted for a minority bondholder and beneficial shareholder of a BVI shipping company in a dispute with the majority bondholders and the bond trustee. We advised the minority bondholder and beneficial shareholder in attempts to restructure the bond and subsequently in taking steps seeking to prevent the liquidation process.
BNY Mellon Corporate Trustee Services Ltd v Taberna Europe CDO Plc & Barclays Bank Plc ([2016] EWHC 781 (Ch))
Acted for the Security Trustee in highly contested proceedings in the Financial List of the Chancery Division seeking a declaration as to whether Events of Default has occurred.
More: Corporate trusts
Professional and management liability
Jenny has experience of acting for both Claimants and Defendants in professional liability claims and is particularly experienced in claims in a pensions, private wealth, tax and contentious probate context.
Unomedical Pension Plan v Sedgwick Financial Services Ltd & Others HC11C041163
Defending a professional negligence claim for a purported failed equalisation of benefits.
Negligent investment of trust assets
Advising the beneficiaries of a family trust on claims against the trustee for negligent investment of trust assets.
Negligent drafting of pension scheme documents
Acting for a major UK law firm and its professional indemnity insurers in relation to claims made against it in connection with pensions advice.
Negligent extension of lease
Advising an individual on a claim against a major law firm for a negligent extension of a lease on a high value prime residential property.
Negligent sale and purchase agreement
Advising a major US bank on a claim against its former legal advisors for negligent drafting of contractual indemnities in a share sale and purchase agreement.
Negligent drafting of Life Interest Trust
Acting for the Trustees of a Life Interest Trust in a claim against a major law firm and accountants for negligent drafting of a trust deed.
Negligent tax advice
Advising a major investment company on potential claims against a major law firm and auditors for negligent advice on structuring and auditing investment vehicles.
More: Professional and management liability
Fraud and asset recovery
As a contentious trust expert, Jenny is experienced in representing trustees and beneficiaries in proceedings involving fraud and is experienced in asset tracing.
Zorin Sachak Khan & Others v Gany Holdings (PTC) [Civil Appeal BVIHCMAP 2014/0018]
Acting for three beneficiaries of a family trust in a claim for an account and removal of a trustee where substantial assets have been misappropriated from the Trust.
Theta Investments Ltd v Rysaffe & Others [CL-HC-2014-000840]
Acting for a trustee defending the validity of an assignment of proceeds of sale into a trust and the validity of the trust. Advising the trustee on compliance with freezing orders.
Application for Letter of Request
Successfully obtaining an order for a Letter of Request asking the English Court to order the deposition of a partner of a leading law firm in relation to confidential files and information to assist in determining the assets of a trust.
Application for pre-trial Norwich Pharmacal Orders in the BVI
Obtaining disclosure from BVI company registered agents to identify and trace assets belonging to a trust.
More: Fraud and asset recovery
Finance litigation
Jenny specialises in representing corporate finance trustees in Part 7 and 8 Proceedings and Arbitrations. She also advises and guides corporate finance trustees and other advisers through remediation exercises.
BNY Mellon Corporate Trustee Services Ltd v Taberna Europe CPO Plc & Barclays Bank Plc [FL-2015-000005 (CH)]
Acting for the Security Trustee in Part 8 proceedings in the Financial List of the Chancery Division seeking a declaration as to whether an Event of Default has occurred.
CBRE Loan Servicing Limited v Gemini (Eclipse 2006-3) & Others [2015] 2769 (CH)
Acting for the cash manager in Part 8 Proceedings to construe unclear provisions of the Cash Manager Agreement.
Acting for the security trustee in an ICC arbitration
Representing the security trustee in a high value contractual dispute between the Borrower and the main engineering and construction company engaged as a contractor in the project.
Acting for the security trustee on potential breaches of loan warranty
Advising the security trustee on steps to take following notification of potential breaches of Loan Warranty by the special servicer.
Acting for the security trustee on potential claims under a credit default swap
– which included looking at whether the Notes had been validly cancelled.
Acting for the Paying Agent in relation to calculation issues that arose following the change in definition of LIBOR
Advising the Paying Agent on remediation and communication exercise.
More: Finance litigation
Private client, trusts and fiduciary services
Jenny’s practice covers acting for both private individuals and trustees in complex high value trust disputes, often in a fraud context. Jenny has particular expertise in applications to construe, rectify and vary trust documents.
Zorin Sachak Khan & Others v Gany Holdings (PTC) [Civil Appeal BVIHCMAP 2014/0018]
Acting for three beneficiaries of a family trust in a claim for an account and removal of trustee where substantial assets have been misappropriated from the Trust.
Theta Investments Ltd v Rysaffe & Others [CL-HC-2014-000840]
Acting for a trustee defending the validity of an assignment of proceeds of sale into a trust and the validity of the trust. Advising the trustee on compliance with freezing orders.
Rectification Application
Acting for the Trustees of a large family trust in an application to resolve the issue of whether or not the settlor’s wife obtained an entitlement to the income of the Trust following the death of the Settlor.
Application to vary a Trust
Acting for the adult beneficiaries in an application to vary a number of family trusts where the paternity and beneficial status of a family member is uncertain.
Negligent investment of trust assets
Advising the beneficiaries of a family trust on claims against the trustee for negligent investment of trust assets.
Application for Letter of Request
Successfully obtaining an order for a Letter of Request asking the English Court to order the deposition of a partner of a leading law firm in relation to confidential files and information to assist in determining the assets of a trust.
Application for pre-trial Norwich Pharmacal Orders in the BVI
Obtaining disclosure from BVI company registered agents to identify and trace assets belonging to a trust.
Probate dispute
Acting for the partner of a high profile deceased in connection with a dispute over chattels left to her under the deceased’s will.
Removal application
Acting for the trustee in relation to a claim for mismanagement of trust investments and expenses and a claim for removal of the trustee.
Probate dispute
Advising on jurisdiction issues in relation to a potential dispute and subsequent division of certain high value memorabilia assets between beneficiaries located in different jurisdictions.
More: Private client, trusts and fiduciary services