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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 grand…
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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] EWH…
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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…
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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 insid…