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Richard Wilson LL.B. LL.M.
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Richard Wilson was educated at the Universities of Sheffield (LLB) and London (LLM). He was called to the Bar in 1996. Before joining chambers in 1999, Richard worked for Price Waterhouse as a tax consultant.
The Chambers Guide to the Legal Profession (2008 Edition) described him as "an efficient advocate with a comprehensive grasp of all matters relating to trusts and tax."
Richard is recommended as a leading junior for Private Client: personal tax trusts and probate by the Legal 500 (2008 Edition).
Richard's practice encompasses litigation, drafting and advisory work across a wide range of traditional and commercial chancery, but with a particular emphasis on the following areas:
Equity and Trusts: acting for trustees (including a number of major trust companies) and beneficiaries, providing advice and acting in litigation, including both breach of trust disputes (including asset recovery from defaulting trustees and accessories) and applications by trustees for directions and construction summonses. Richard's recent notable cases in this field include:
- Bonham v. Fishwick [2008] All ER (D) 227 (Apr): (Claim for breach of trust, availability of trustees’ exemption clause)
- Sillett v. Meek [2007] EWHC 1169 (Ch) (Claim relating to the beneficial ownership of a Jersey bank account transferred into joint names: lack of donative intention on the part of the transferor)
- Slater v. Simm [2007] All ER (D) 251 (Apr) - (Co-ownership dispute in which Court held that existing trust deed had been varied under a constructive trust within s.53(1)(c) of the Law of Property Act 1925)
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- S v. T1 [2006] WTLR 1461 (Application under s.1 of the Variation of Trusts Act 1958 in order to prevent adoption depriving minor beneficiary of entitlement under statutory trusts on intestacy)
- Bonham v. Blake Lapthorn & Ors [2006] All ER (D) 164 (Oct) (Claim for breach of trust arising out of litigation pursued by trustees an application of exemption clause)
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Wills, Probate and Family Provision: drafting wills, advising on contentious and non-contentious matters, including rectification applications and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Richard has appeared in numerous cases in this field, including:
- Blackman v. Man [2007] All ER (D) 118 (Dec) - (Contentious Probate: Challenge to validity of will by family of wealthy testatrix who left entire estate to friends)
- Goodman v. Goodman [2006] WTLR 1807 (Contested application for rectification of a will pursuant to s.20 of the Administration of Justice Act 1982)
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- Shindler v. Brie (2003) 6 ITELR 157 (Determination of whether power of attorney was coupled with an interest and therefore irrevocable)
Tax: Advising on tax planning and disputes with the Revenue on a wide range of tax matters, and appearing before the Commisioners, VAT Tribunal and the Court on tax appeals, including:
- Burt v. HMRC [2008] STC (SCD) 814 (CGT retirement relief: question of whether sale of shares was completed under original contract or new contract)
- Allum v. Marsh [2005] STC (SCD) 191 (Taxation of company's purchase of own shares and treatment of ex gratia payment)
- Fox v. McKay [2002] STC 455 (appeal against notices served under s.20 of the Taxes Management Act 1970)
Professional Negligence: acting for claimants and defendants in claims for professional negligence, particularly claims relating to tax, trusts and will drafting brought against solicitors, accountants and other will draftsmen
Insolvency: acting mainly for office holders seeking to recover assets from bankrupts and defaulting directors. Richard has particular experience in dealing with matters relating to VAT and Duty fraud (including MTIC), and frequently acts for applicants for interim relief including Freezing Injunctions and Search Orders. Richard's recent cases of note include:
- Re Eurocruit (Europe) Limited [2007] 2 BCLC 598 - (Limitation period applicable to liquidator's claim under s.212 Insolvency Act 1986)
- Sleetree Ltd v Reston Ltd [2006] EWHC 2489 - (Creditor's liability for costs on debtor's application for injunction to restrain presentation of winding-up petition)
Richard lectures on a wide range topics, and has contributed to numerous articles and legal textbooks, including 'The Trustee Act 2000: A Practical Guide' (Jordans, 2001) of which he is co-author. Richard is a member of the Chancery Bar Association, the Revenue Bar Association and STEP and was formerly a visiting lecturer in the law of personal taxation at King's College London.
Richard lives in Wiltshire and is married with three young children. In his spare time he enjoys shooting, fishing, skiing and Scottish dancing (but not all at the same time).
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