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Welcome to FranckelLaw
FranckelLaw was established in October 2008 as a specialist litigation and dispute resolution firm.
FranckelLaw draws upon the expertise and experience of Advocate Simon Franckel, and is committed to providing what we believe all clients need and are entitled to – expertise, independence, integrity and efficiency.
Key areas
  • Litigation and Dispute resolution
  • Trust and Fiduciary
  • Compliance
  • Insolvency
  • Professional Negligence

Recent Cases

 

Re de Bruyne (UK Court of Appeal)
Araldite fortune rapidly comes unstuck.  Dr Norman de Bruyne was a very clever man.  Amonst other things, he invented a new type of synthetic glue - Araldite Rapid - which came into wide use in aircraft.

 

In the Matter of Futter v Futter (UK High Court) [2010] EWHC 449 (Ch)
The Rule in Hastings-Bass survives a concerted attack from HMRC.  Mr Futter created a number of Settlements for the benefit of himself and his family.

 

In the Matter of The Lochmore Trust [2010] JRC068
Transfer set aside for mistake. Mr Jenner throught he had sold some shares to the Lochmore Trust (the 'Trust') with the sale price to be outstanding as a loan from him to the Trust.

 

In Re the Sterling Investment Trust [2010] JRC054
Trustee released from Undertaking to retain possible proceeds of fraudulent conversion.  This case arose from the criminal conduct of Mr Raymond Bellows, who owned and controlled a former trustee of the Sterling Trust (the 'Trust').

 

MM v SG Hambros Trust Company and AM [2010] JRC037
The Royal Court declines to overturn the decision of a trustee.  In this case MM, entitled as a remainderman under the K Trust, sought an order overturning the decision of the trustee to sell a trust asset.

 

Imerman v Imerman [2009] EWHC 3486 (Fam). 
The English High Court tries to balance competing principles of justice in cases where relevant but confidential information is obtained by another party by dubious means.

 

In the Matter of A Trust [2009] JRC 245 
The Royal Court has clarified the test to be used in considering an application to set aside a disposition made by reason of mistake; and also tackles the issue of whether the resulting invalidity of a trust makes the trust void or merely voidable.

 

Pitt v Holt [2010] WLR (D) 2
The Hastings-Bass principle is applied to conduct of fiduciaries other than trustees for the first time. A natural progression or a slippery slope?

 

Deery v Continental Trust Company
Limited and Watts [2010] JRC001

The Royal Court declines to assist the Family division of the High Court in relation to a matrimonial dispute involving a Jersey trust.