Ferrari: a trust for family continuity.
The trust as an ideal legal instrument to preserve the family tradition of a historic company, respecting the founder’s wishes and ensuring an orderly generational passage.
With exactly this aim in mind, Piero Ferrari, son of the founder Enzo and second shareholder (10%) of the historic Maranello’s brand, decided to set up a trust to manage his shareholding in Ferrari.
A trust – essentially a family trust and intended to regulate the succession (as defined most recently by Circular 34/E/2022) – with Jersey governing law and designated beneficiaries the settlor’s daughter and two grandch…
Freezing orders and third-party assets [ENGLISH]
Abstract: Asstes of third parties controlled (de facto or de jure) by the respondent are commonly outside the scope of a freezing injunction unless exceptional circumstances.
In the case of FM Capital Partners Ltd v Frédéric Marino, Aurélien Bessot, Yoshiki Ohmura, and Marit Sjovaag [2018] EWHC…
Anti-Bartlett clause and liability. [ENGLISH]
In the Zhang and Ji v DBS Trustee case, the Hong Kong Court of Final Appeal (CFA) established that so-called “anti-Bartlett clauses” in the trust deed of a Jersey family trust exempted the trustees from any liability for losses incurred in transactions by the trust’s underlying investment company…
The English Court of Appeal decides it has the power to order a non-party witness to give evidence in aid of a foreign arbitration [ENGLISH]
On 19 March 2020 the English Court of Appeal determined that English courts do have jurisdiction under s44(2)(a) of the English Arbitration Act (“the Act”) to issue an order compelling a non-party to an arbitration agreement to give evidence in support of arbitration proceedings seated both inside…