Gilead Cooper KC

Trusts, probate and estates: contentious

Trusts and estates litigation, both in the UK and offshore, has formed the mainstay of Gilead’s practice since he took Silk in 2006. He specialises in contentious trial work. Gilead has also been involved in numerous Cultural Property cases, including disputes falling within the jurisdiction of the Spoliation Panel. He is ranked in Tier 1 in The Legal 500, where he is described as “a tenacious litigator with a quite brilliant turn of phrase.”

Gilead has appeared in a number of high-value, high-profile cases in recent years, involving claims against trustees, executors, company directors and partners for breaches of fiduciary duty and civil fraud. His practice has a strong international element, and has appeared in the courts of Hong Kong, the BVI, Bermuda, Cayman and Nevis. He has also advised in litigation in Jersey, Guernsey and Gibraltar, and provided an Expert Determination in a claim against a firm of solicitors for negligent drafting of Instruments of Appointment and Retirement of Trustees of three Isle of Man trusts.

In Zhao Long v Endushantum Investments Co Ltd, Gilead acted in an action in the BVI for the trustees in a dispute over the beneficial ownership of a major shareholding in a Chinese pharmaceuticals company.

Kea v Watson concerned an attempt by a UK judgment creditor to freeze assets held in a discretionary Jersey trust of which Eric Watson was one of the objects. Gilead advised a group of other potential beneficiaries, who successfully intervened in the action and blocked the judgment creditor’s claim.

In Jones v Firkin-Flood, Gilead acted for the beneficiaries of a will trust in removing trustees and blocking their resolution to distribute the fund in unequal shares between the family members. The trust had been set up by the beneficiaries’ father, “Dougie”, who was reputed to have been a member of Manchester’s notorious “Quality Street Gang”. Money (the source of which was obscure) had been used to set up accounts in Liechtenstein, and large sums had been invested in a hotel and country club. It was alleged that funds had been diverted to set up a casino business, from which two of the three children were excluded. The case raised issues of dishonesty as well as breaches of fiduciary duties under both company law and trust law.

In Khan v Gany Holdings, the settlor had been a successful businessman who had made his fortune in Pakistan, Malaysia and Hong Kong. He had been highly secretive, and had established a number of opaque corporate and trust structures around the world to hold and manage the family wealth. After his death, his younger son had taken control of the family businesses, to the exclusion of his sister and her family. There were allegations that one of the trustees (a BVI company controlled by the son) had acted dishonestly and had misappropriated assets that rightfully belonged to the estate. Gilead represented the sister and her family at the trial before the Eastern Caribbean Supreme Court in the BVI.

C v D concerned a Bermuda Trust set up using funds from a Swiss foundation. One branch of the family alleged that the entire trust (which had been in existence for several decades) had been created fraudulently, in violation of Swiss law, and was void ab initio.

Gilead also acted for the successful Defendants in Slutsker v Haron, a claim by high profile Russian former politician, Vladimir Slutsker. Mr Slutsker had challenged the transfer of a valuable London property into UK company, whose shares were held by a Cayman settlement. Mr Slutsker and asserted that under Russian joint property rules he was the beneficial owner of a 50% share. A separate action by Mr Slutsker in Cayman was struck out on Gilead’s application.

Gilead appeared for the Earl of Cardigan in his claims against the trustees of his estate, obtaining an order for the removal of one of the two trustees, together with compensation and the repayment of unauthorised remuneration. Other notable cases include acting for Robin Birley in his claim against the estate of the late Mark Birley, the proprietor of Annabel’s and other well-known London clubs.

Cases Include:

• Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422. Dispute over the authenticity of an ancient sculpture. The Court of Appeal upheld a decision setting aside an order granting an extension of time for service of the claim form.
• Zhao Long et al v Endushantum Investments Co Ltd et al [2021] BVIHC (COM) 2017/0151. Acting for the trustees in a dispute over the beneficial ownership of a major shareholding in a Chinese pharmaceuticals company.
• Kea v Watson [2021] JRC 009. The latest round in the long-running litigation against Eric Watson. The UK judgment creditor unsuccessfully sought to freeze assets held in a discretionary Jersey trust, of which Mr Watson was a potential object.
• In the Matter of the CI and CII Trusts [2021] (Bermuda). The court granted the trustees’ application to extend the perpetuity period of two Bermuda trusts.
• In the Estate of the Eighth Earl of Bathurst [2018] EWHC 21 (Ch). The Dowager Countess (as life tenant of a trust of heirlooms) unsuccessfully claimed the right to enjoy the chattels in specie. Construction of a statutory codicil, involving the admissibility of extrinsic evidence of intention.
• In the Matter of the C Trust [2016] SC [Bda] 53 Civ. The first case to extend the perpetuity period under the new section 4 of the Bermuda Perpetuities and Accumulations Act. Concerned a US$2 billion trust.
• Cotton v Earl of Cardigan [2015] W.T.L.R. 39. Appeal against trustees’ application under Public Trustee v Cooper for approval of the sale of Tottenham House
• Brudenell-Bruce v Moore [2014] EWHC 3679 (Ch). Removal of trustees and claims for breaches of trust and repayment of unauthorised remuneration.
• Khan v Gany Holdings BVIHC (Com) No. 10 of 2012. Claim for an account against trustee of a BVI trust.
• Al-Sadi v Al-Sadi [2013] EWHC 2379 (Ch). Costs on the claimants’ discontinuance of their action.
• Slutsker v Haron [2013] EWCA Civ 430 (CA). Challenge to a Cayman trust of real property in London by the husband of the settlor claiming rights under Russian family law.
• In the Estate of Mong Man Wai William [2012] CACV 34/2012. Hong Kong Court of Appeal decision in Beddoe proceedings directing executors not to use estate funds to oppose the interests of the beneficiaries of the estate.
• Scarfe v Matthews [2012] W.T.L.R. 1579. Will construction; the application of the doctrine of election where rights of forced heirship are asserted under French law.
• Cripps Trust Corp Ltd v Sands [2013] W.T.L.R. 579. Beneficiaries successfully oppose a Beddoe application where the trustees sought permission to use trust funds for
  arguably unnecessary litigation.
• Al-Sadi v Al-Sadi [2011] EWHC 976 (Comm). Whether claimant can rely on amended pleading when defendant applies to set aside service out of the jurisdiction.
• Howell v Lees-Millais [2011] EWCA Civ 786. Court of Appeal decision on CPR Part 36 offers.
• Re Servoz-Gavin, Deceased [2011] Ch 162; [2010] 1 All ER 410. Nuncupative Wills: Validity of an oral will made by a merchant seaman in service with a foreign vessel.
• Jones v Firkin-Flood [2008] EWHC 2417 (Ch). Removal of trustees for breaches of duty including failure to supervise business assets controlled by the trust.
• Sharp v Adam [2006] WTLR 1059 (Court of Appeal). Testamentary capacity of testator with advanced multiple sclerosis.
• Abacus Trust (Isle of Man) Co v Barr [2003] Ch 409. Application of the Rule in Hastings- Bass. The origin of the principle that the court would only intervene where there had been a breach of fiduciary duty, which was subsequently upheld in Futter v Futter in the Supreme Court.
• Schindler v Brie [2003] WTLR 1361, [2003] EWCH 1804 (Ch). Power of attorney granted to pursue claim in Germany for War reparations; whether power was revocable; whether claimant should continue as personal representative.

Charity law cases include:

• Re St Andrew’s (Cheam) Lawn Tennis Club Trust [2012] 3 All ER 746. Gift of land intended to provide tennis club for members of Presbyterian Church; trust deed held void for perpetuity; land held on resulting trust for estate of the settlor.
• Re Horley Football Club [2006] WTLR 1817. Validity of gift to unincorporated association. Construction of rules of amateur football club.

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