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Chambers of Penelope Reed
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![Shan Warnock-Smith](/cdn-cgi/image/width=256/https://www.legal500.com/wp-content/uploads/sites/13/2023/10/5_Stone_Shan_WS-1024x683-1.jpg)
Shan Warnock-Smith
- Phone020 7242 6201
- Email[email protected]
Position
Barrister who is an adviser and a litigator in the whole range of trust, estates and charity matters and has a particular interest in wealth structuring for international families from both the advisory and the litigation standpoints. In addition to her English practice, she practises extensively in the offshore jurisdictions, particularly in the Caribbean. She established ICT (International Chancery and Trusts Chambers) in Cayman and has been admitted to practice there. In 2008 she was admitted to practice in the Courts of the Dubai International Finance Centre. She is at the forefront of developments in the private client field. She appeared in Re Yorke (deceased) [1997] 4 All ER 907, the test case on estates of Lloyd’s Names, and is the author of the subsequent Practice Direction permitting paper applications to the court in such cases. Among some of her other reported cases are: Midland Bank v Wyatt [1995] 1 FLR 697 (the first English case on sham trusts); A v Rothschild Trust Cayman Ltd [2006] WTLR 1129 (establishing the availability of the Hastings-Bass jurisdiction in Cayman); AN v Barclays [2007] WTLR 565 (validity of no contest clause) and Re Circle Trust [2007] WTLR 631 (nature of power to appoint a protector); MEP v Rothschild and Sutton v England [2010] WTLR 335 [2009] EWHC 3270 (Ch) (use of court’s power to confer administration powers of partition). She has also appeared in numerous important and often highly sensitive unreported cases dealing with variations of trust, construction and rectification proceedings, breach of trust claims and applications for directions by trustees, particularly those concerning the sale or management of family companies. Shân is a mediator of trust and estates disputes.
Education
Westlake High School, Auckland, NZ; Portsmouth High School; King’s College, London.