Andrew Mold KC

Trusts, probate and estates: contentious

Andrew has significant experience of trust-related matters (both offshore and onshore). The majority of his work is contentious but he also regularly advises in non-contentious matters.

Over recent years, he has applied his knowledge of trust law and fiduciary obligations to differing contexts, in particular divorce proceedings, commercial disputes and corporate transactions.

Recent notable matters that Andrew has worked on include the following:

• Andrew has been instructed in relation to a number of applications by trustees for directions to the court of their home jurisdiction, in particular arising out of English divorce proceedings involving a beneficiary. These applications tend to be heard in private and are unreported.
  
• (Anonymous) Andrew acted for English Trustees who had been joined to and participated in financial remedy proceedings during which various forms of claims were made against the Trust and its assets.
• Long v Rodman. Andrew acted on behalf of two of four daughters who successfully sought the removal of a Court-appointed professional administrator of their father’s estate in a heavily contested application under s 50 of the Administration of Justice Act 1985.
• Bloom v Bloom. Andrew acted for an intervenor in financial remedy proceedings who successfully argued that a villa in the South of France was held on constructive trust for the intervenor’s granddaughter. Andrew’s cross-examination of the husband led the judge to conclude that he had falsified various documents.
• Re Longleat Estate. Andrew acted for a professional trustee in litigation over the terms on which he should retire as a trustee.
• In the matter of an Application for Information about a Trust. Andrew was instructed in these Bermudian proceedings for a beneficiary seeking information about the administration of a trust which contains a provision restricting disclosure in the trust instrument. The case was due to be heard by the Privy Council but settled shortly before the hearing.
• Charman v Charman. Court of Appeal decision involving the largest-ever contested divorce award in England and Wales which considered the extent to which the assets of an offshore discretionary trust should be taken into account for ancillary relief purposes.
• Rybolovleva v Rybolovlev. Acting for a husband in satellite litigation arising out of divorce proceedings in Geneva and involving trust and related issues. The divorce award made by the Swiss Court was in the sum of around 4 billion Swiss francs.
• Advising in respect of several other confidential divorce cases which involve trusts, conflicts of law, enforcement issues and interim relief.
• In the matter of an Isle of Man Trust. Andrew acted for the trustee of an Isle of Man trust in proceedings in the Isle of Man courts which sought various declarations and the ‘blessing’ or a momentous decision proposed by the trustee.
• Al-Bassam v Al-Bassam. Long-running dispute involving issues of probate, succession, domicile, conflict of laws and forgery of a will and marriage certificate.
• Advising in respect of an ongoing investigation by the SEC, IRS and New York District Attorney into a series of settlements administered in the Isle of Man.
• Advising on the appropriate drafting of an IPO prospectus which required the disclosure of various interests under settlements.
• Acting and advising in respect of cases under the Inheritance (Provision for Family and Dependants) Act 1975.

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Pensions

Andrew has extensive experience in pensions law covering all sizes of matters including proceedings before the Pensions Ombudsman, The Pensions Regulator, the High Court, Court of Appeal and Supreme Court. He regularly acts for trustees, members, sponsoring companies, professional advisors and the regulatory bodies.

Recent notable matters that Andrew has worked on include the following:

• De La Rue Plc v De La Rue Pension Trustee Ltd. Andrew acted for the representative member in High Court proceedings to determine the true meaning and effect of the revaluation provisions in the De La Rue Pension Scheme.
• LLoyds Banking Group Pension Trustees Ltd v Lloyds Bank plc. Andrew was instructed on behalf of Lloyds Bank in the ground-breaking GMP equalisation litigation.
• Link ATL Pension Trustees Ltd v Sedgwick Financial Services Ltd. Andrew successfully resisted a strike out application brought by a firm of solicitors who had been joined to a claim for professional negligence in relation to the Sea Containers pension scheme.
• KeyMed (Medical & Industrial Equipment) Ltd v Hillman. This was a high value claim for breach of directors’ duties relating to the administration of a pension scheme.
• Pollock v Reed. Andrew was instructed for the PPF in litigation concerning the Halcrow Pension Scheme. This case involved an application to Court by the trustee of the scheme to determine whether members’ benefits could be transferred to a new scheme without their consent.
• IBM United Kingdom Holdings Ltd v Dalgleish. Andrew was instructed on behalf of the trustee in this long-running litigation which concerned IBM’s breaches of the ‘Imperial’ duty of good faith and the consequences which flowed from such breaches.
• In the matter of Nortel GMBH and others & In the matter of Lehman Brothers International (Europe) and others. Andrew appeared for the successful appellant administrators in the decision of the Supreme Court determining the status of FSDs and CNs in an administration and any subsequent liquidation. Andrew also appeared before Briggs J and the Court of Appeal.
• Re the Nortel Networks UK Pension Plan. Andrew was instructed in proceedings before the Upper Tribunal concerning a decision by the Determinations Panel of the Pensions Regulator to issue FSDs against a number of targets within the Nortel group of companies.
• Re Honda Pension Scheme. Andrew appeared in the Court of Appeal for the determination of a question of construction arising in the context of the Honda Pension Scheme.
• Sea Containers Pension Schemes. Andrew was instructed for defendant benefit consultants and actuaries in a professional negligence claim arising out of alleged failed equalisation in the Sea Containers Pension Schemes.
• Bloxwich Pension Scheme. Andrew was instructed for defendant benefit consultants facing professional negligence claims in the administration of the Bloxwich Pension Scheme.
• EMI Pension Scheme. Andrew was instructed on behalf of EMI in proceedings concerning the use of the Pensions Regulator’s powers under Part 3 of the Pensions Act 2004 to determine a recovery plan and schedule of contributions.
• The PNPF Trust Company Ltd (as Trustee of the Pilots’ National Pension Fund) v Taylor and others. Andrew acted for the Port of London Authority in proceedings brought by the trustee to determine several questions relating to the powers of amendment under the scheme, the trigger and calculation of s 75 debts, what bodies constitute an ‘employer’ under s 75 and the scheme specific funding regime.
• Cemex UK Marine Ltd v MNOPF Trustees Ltd [2009] EWHC 3258 (Ch). Andrew was instructed for Cemex in this decision which determined what constituted an ‘employment cessation event’ for the purposes of s 75.

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Professional liability

Andrew is regularly instructed on a wide range of professional liability cases across the commercial and chancery law spectrum. In particular, he frequently acts for or against lawyers, pensions professionals, trustees and other fiduciaries, accountants and auditors, directors and financial advisors.

Andrew also has experience of regulatory proceedings against solicitors and accountants. He has acted in proceedings before the Solicitors Disciplinary Tribunal and is also instructed by the FRC.

Recent notable matters that Andrew has worked on include the following:

• Defending law firms, barristers and professional trustees on various matters relating to high value private trusts and their administration.
• Sea Containers Pension Schemes. Andrew was instructed for defendant benefit consultants and actuaries in a professional negligence claim arising out of alleged failed equalisation in the Sea Containers Pension Schemes.
• Bloxwich Pension Scheme. Andrew was instructed for defendant benefit consultants facing professional negligence claims in the administration of the Bloxwich Pension Scheme.
• Re a Gibraltar Trust. Andrew was instructed for claimant beneficiaries in proceedings alleging (amongst other things) professional negligence against a trustee company in relation to the administration and investment of a trust based in Gibraltar.
• Hampton v Clifford Harris. Claim by a beneficiary against her former solicitors in respect of delays in the distribution of an estate which caused increased inheritance tax liabilities.
• Logue v Shaw & Turnbull. A private prosecution against two solicitors which was brought by an individual who was the subject of a freezing injunction which had been wrongly granted.
• FRC investigation. Andrew has acted on several disciplinary cases brought by the FRC against accountants and auditors.
• Several claims against solicitors for negligent advice in the context of residential conveyancing.
• Defending an accountancy firm facing a £30m claim for alleged breaches of duty in relation to an invoice discounting facility.
• Acting for a tenant against its former solicitors for failing to give proper advice about its ability to serve a valid termination notice under an agreement for lease.
• Advising in relation to a massive property-related professional negligence claim arising out of the faulty construction of a multi-storey car park for a shopping centre.
• Acting for a Cayman Islands building firm against allegations of professional negligence in respect of hurricane-related remedial work.

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Property

Andrew is experienced in dealing with a range of property-related disputes, in particular those involving trust and co-ownership issues, professional negligence claims and shareholder and joint venture disputes.

Notable matters that Andrew has worked on include the following:

• B v B. Andrew acted for a third-party in a dispute over the ownership of a villa in the South of France that arose in the course of divorce proceedings. The case involved consideration of conflict of laws, constructive and resulting trusts and various evidential presumptions.
• Ackerman v Ackerman & Thornhill. Substantial proceedings brought to set aside the provisional report of an expert who determined the division of a large property empire between two sides of a family. The challenge was made on the grounds of bias, collusion and material departure from instructions.
• Various co-ownership and trust disputes arising in the course of matrimonial proceedings.
• One Hyde Park. Acting in proceedings involving a substantial dispute arising out of the purchase of an apartment in the One Hyde Park development.
• Ross River Ltd v Cambridge City Football Club Ltd. Claim for the rescission of the sale of a football ground and an overage agreement on the grounds of bribery and fraudulent misrepresentation.
• Re Brixton Prison. Successful application for an order under the Access to Neighbouring Land Act 1992 so that extensive work could be carried out to HMP Brixton.
• Acting for the claimant in a three-day trial of a neighbour dispute over the existence of a right of way.
• Acting in a commercial property arbitration concerning the validity of a notice of termination under a long-term commercial lease.
• Appearing successfully for an appellant to the Lands Tribunal against a decision of a Leasehold Valuation Tribunal in respect of the reasonableness of a service charge.
• Acting in a dispute arising out of a joint venture for the redevelopment of a leisure and timeshare complex in the south of England.

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