| Call 2002
Experience and Expertise
Oliver is a trusts specialist. He acts for settlors, trustees and beneficiaries (including minors), with a particular expertise in trusts administration and litigation issues, especially:
- Powers, including their scope and the exercise of powers of appointment and investment;
- Administration applications, including for guidance and blessing, and Beddoe relief;
- Variation of Trust Act applications;
- Rectification applications;
- Trustee disclosure claims;
- Breach of trust and fiduciary duties matters;
- Claims for accounts and recovery of assets, including injunctive relief to protect a trust fund;
- Removal of trustee applications; and
- Costs issues, including prospective costs applications.
Oliver also has considerable experience of constructive/resulting trust claims to property (domestic and commercial land, personality, bank accounts and shares).
Oliver is particularly proficient in drafting complex trusts and related instruments.
Cases and Work of Note
- Ong v Ping  EWCA Civ 2069. Acting (with Senior Counsel) on behalf of various parties who, in the context of bankruptcy proceedings, sought to set aside a number of judgments of the High Court which were alleged to have been obtained by fraud. The issues included whether a valid Jersey law trust was created in respect of a house in circumstances where the executed trust instrument had not specified any trust fund and, if so, whether its existence was deliberately concealed from the court. Oliver succeeded at first instance (see  EWHC 1742 (Morgan J); and related and consequential reports: LTL 24/6/2015;  6 Costs LR 997 (question of costs of instructing two sets of solicitors); &  EWHC 3766). The trust issue was upheld on appeal (Leveson, Underhill LLJ & Sir Colin Rimer), the Court of Appeal considering that, as a matter of construction, having regard to the whole body of antecedent correspondence, an effective trust of the house had been declared by conduct when the trust instrument was executed. Subject to permission to appeal to the Supreme Court on the trust question, on-going questions include the removal of the trustee, accounts and recovery of assets, including freezing injunctions, as to which there are multi-jurisdictional (Jersey and Singapore) issues;
- Boulton & Ors v Condliffe [2015 –]. High Court. Acted for numerous claimants in a complex piece of litigation concerning the beneficial interest in domestic and commercial properties in Cornwall, accounts for and recoveries of monies variously held on trust / subject to a partnership and successful applications for injunctive relief and consolidation;
- Simms v Phillips [2014-15]. Acted for defendant in a claim to a beneficial interest in development property, the issues being whether purchase monies had been provided through an overdraft or the provision of a bank guarantee, and whether an intention to share had been sufficiently evinced or was vitiated by reason of the theft of the development fund;
- Re Faherty . High Court. Acted for minors in respect of a VTA application;
- Wild v Wild  (Arnold J). Acted for the claimants in a successful, expedited claim to remove one of four trustees to resolve a deadlock between them as to the exercise of a dispositive power so as to wind up the trust before the date of the first periodic charge to IHT. The defendant was found to have been unduly influenced in his approach to the power by concerns that the proposed beneficiary (his mother) had cut him out of her will, which was improper;
- Nelson v Mayne . High Court. Acted for defendant in a trial of a claim by co-owners of land for an equitable account;
- Re Chisman . (Proudman J). Acted for claimant seeking to rectify a mistake in a deed of variation as to the calculation of the amount available for an appointment without a charge to tax;
- Re W (2012). Acted for claimants in a mediation in relation to a dispute as to the beneficial interest in a property;
- HSBC v Emmanuel . (Briggs J). Acted for Defendant in a claim for rectification of a trust deed;
- Re Standen . (Norris J). Acted for defendant in an application (with Sarah Asplin QC and Richard Wilson) to vary protective trusts contained in a deed of appointment;
- Alexander v Alexander  EWHC 2721;  WTLR 187. (Morgan J). Acted for minors and unborns on a claim under s57 Trustee Act and/or Variation of Trusts Act in relation to a proposed power to sell property held subject to a right of occupation.
Publications, Articles and Talks
- ‘Formal Defects in Pension Scheme Documentation: HR Trustees Ltd v Wembley Plc Five Years On“: Trusts Law International, Vol 30(4), 203-224; Also “Curing defects in the formal execution of powers: HT Trustees Ltd v Wembley Plc 6 years on“: Trusts and Trustees, 16 November 2017.
- “Failing to Define the Subject Matter of a Trust of Land – Is it Fatal”: Trusts and Estates Law and Tax Journal, May ’16 Ed.
- “Dealing with Errors in the Execution of Trust Powers”: Trusts and Estates Law and Tax Journal, Jan/Feb ’14 ed.
- A Courtroom Drama: Estate of Lord Victor Starbuck;
- “The Case of an Empty Trust, A Negligent Solicitor, A Lying Mother in Law and 20 Years of Litigation: Overcoming the Odds to Secure an Interest in a Mansion nr Billionaire’s Row; Ong v Ping  EWCA Civ 2069”