Caspar Bartscherer

Trusts, probate and estates: contentious

Recent and ongoing work includes:

• Crociani v Crociani. Acting (with Robert Ham KC) for the appellant beneficiaries in their Privy Council appeal from the decision of the Jersey Court of Appeal (in Crociani & O’rs v Crociani & O’rs [2017] JRC146. This was due to be an important appeal regarding defaulting trustees’ duty to reconstitute the trust fund, but was settled shortly before it was due to be heard by the Privy Council.
• In the Matter of the Alpha, Beta and Delta Trusts. Acting (with Jonathan Hilliard KC, Thomas Fletcher and Benjamin Slingo) for the trustees of a very substantial offshore family trust structure which holds an international business.
• Acting for intended representative beneficiaries in intended High Court proceedings regarding the interpretation of a trust arising under a will proved in 1929.
• Acting (with Robert Ham KC, Michael Ashdown and Benjamin Slingo) for the Settlor of a substantial Jersey trust in relation to a representation by certain of the beneficiaries seeking orders re-settling a share of the trust assets on separate trusts for them. The dispute originally arose from the Settlor’s desire to pay more tax.
• Advising (with Jonathan Hilliard KC and Jack Watson) the Trustees of a substantial Guernsey settlement in relation to a challenge, in Swiss courts, by one of the late Settlor’s issue alleging the trust was a sham.

Download Trusts, probate and estates: contentious CV

International / offshore

Recent and ongoing work includes:

• Raiffeisen v Scully Royalty. Acting for the applicant/plaintiff in civil fraud proceedings in the Grand Court of the Cayman Islands, claiming over €40m under the Cayman Fraudulent Dispositions Law and in conspiracy (with Tim Penny KC and Jamie Holmes). This includes, most recently, successfully acting in two appeals before the Cayman Islands Court of Appeal, which upheld a €153m worldwide freezing order against two of the Defendants, and refused two of the other Defendants’ application for permission to appeal the order dismissing their jurisdiction challenge, and obtaining permission to amend and join one of the directing minds and will of the conspiracy as an additional defendant.
• Crociani v Crociani. Acting (with Robert Ham KC) for the appellant beneficiaries in their Privy Council appeal from the decision of the Jersey Court of Appeal (in Crociani & O’rs v Crociani & O’rs [2017] JRC146. This was due to be an important appeal regarding defaulting trustees’ duty to reconstitute the trust fund, but was settled shortly before it was due to be heard by the Privy Council.
• In the Matter of the Alpha, Beta and Delta Trusts. Acting (with Jonathan Hilliard KC, Thomas Fletcher and Benjamin Slingo) for the trustees of a very substantial offshore family trust structure which holds an international business.
• Acting (with Robert Ham KC, Michael Ashdown and Benjamin Slingo) for the Settlor of a substantial Jersey trust in relation to a representation by certain of the beneficiaries seeking orders re-settling a share of the trust assets on separate trusts for them. The dispute originally arose from the Settlor’s desire to pay more tax.
• Advising (with Jonathan Hilliard KC and Jack Watson) the Trustees of a substantial Guernsey settlement in relation to a challenge, in Swiss courts, by one of the late Settlor’s issue alleging the trust was a sham.

Download International / offshore CV

Civil fraud and asset recovery

Recent and ongoing work includes:

• Raiffeisen v Scully Royalty. Acting for the applicant/plaintiff in civil fraud proceedings in the Grand Court of the Cayman Islands, claiming over €40m under the Cayman Fraudulent Dispositions Law and in conspiracy (with Tim Penny KC and Jamie Holmes). This includes, most recently, successfully acting in two appeals before the Cayman Islands Court of Appeal, which upheld a €153m worldwide freezing order against two of the Defendants, and refused two of the other Defendants’ application for permission to appeal the order dismissing their jurisdiction challenge, and obtaining permission to amend and join one of the directing minds and will of the conspiracy as an additional defendant.
• Lukoil Benelux BV v Oil Distribution Terminals SL and others. Acting for the claimant oil trading company in a claim relating to the misappropriation of +€20m of diesel oil from a storage facility in Spain (with Bobby Friedman). The claim involves complicated issues of conflict of laws, civil fraud and interim relief.
• Various Claimants v Spence. Acting for the defendants in a £50m fraud claim brought by 435 claimants in the Commercial Court (with Bobby Friedman).

Download Civil fraud and asset recovery CV

Pensions

Recent and ongoing work includes:

• Advising the employer of a large pension scheme regarding a surplus arising in the context of a winding up (with Jonathan Hilliard KC).
• Advising the Pensions Regulator in relation to ongoing regulatory proceedings (with Jonathan Hilliard KC).

Download Pensions CV