Shân Warnock-Smith Q.C. led the counsel team in the Hong Kong Court of Final Appeal in the much commented-on case of Zhang and Ji v DBS Trustee.
Shân and the team represented the trustee and corporate director of the underlying investment company in arguing successfully that neither was liable in light of a clear and definite anti-Bartlett clause in a Jersey law trust. The Court unanimously held that such a clause is effective and there is no “high level supervisory duty” which trumps it. As the only case on anti-Bartlett clauses at the appellate level, the case is of great international significance. For further information please click here