20 May 2024

Otto Poon 2014 landmark Hong Kong divorce and trust case | 10 years on | Marcus Dearle, who led the team for the trustee, is currently visiting Jersey

Marcus Dearle

On 17 July 2014, Hong Kong’s highest court – the Court of Final Appeal – handed down its judgment in the appeal case of Kan Lai Kwan v Poon Lok To Otto and HSBC International Trustee Limited (Poon) [2014] HKEC 1174.

Marcus is connecting up with trustee clients, their legal and accountancy advisers, and intermediaries.

Key topics for discussion include:

  • whether trustees have learnt the lessons of Otto Poon 10 years on;
  • what are the do’s and dont’s for Jersey trustees involved in divorces filed in Hong Kong or England and Wales;
  • the need for trustees to stress test trust structures;
  • the need for pre and/or postnuptial agreements where assets are held in trust.

Marcus regularly advises trustees involved in these types of cases. Now based in London, he uniquely continues to practise Hong Kong family law from London alongside his England and Wales practice.

He is ranked in the Chambers UK High Net Worth Guide in the Family/Matrimonial Finance: Ultra High Net Worth section and is described by a top family KC commentator to the guide as ‘probably the most experienced trusts family lawyer there is in the country’. He is also recognised as a leading trusts and divorce litigation practitioner advising HNW and UHNW clients in ALM’s Private Client Global Elite directory. The directory is entirely reliant on peer nominations.

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