Jennifer Seaman

Trusts, probate and estates: contentious

Jennifer’s experience in this area includes: the construction and rectification of trusts and wills; probate disputes; inheritance act claims; breaches of trust and the nature and exercise of trustee powers; trusts concerning property and issues under the Trusts of Land and Appointment of Trustees Act 1996; removal and appointment of executors. Her practice also includes Court of Protection matters such as deputyship applications, applications relating to Powers of Attorney, and directions regarding property and financial affairs.

She is ranked as a leading junior in Chambers & Partners’ Chancery: Traditional category and in Who’s Who Legal’s Private Client section.

Jennifer is a full member of STEP, ACTAPS and ConTrA.

She is regularly asked to write articles in leading publications, such as Trusts & Trustees and Trusts Quarterly Review.  She often gives lectures on Private Client topics.

Notable cases:

• Criminal Injuries Compensation Authority v others: Acting for the Criminal Injuries Compensation Authority (CICA) in a number of matters involving trusts set up by the CICA for victims who have sustained criminal injuries.
• Re Butcher; Sharp v Hutchins [2015] EWHC 1240 (Ch): Acted for the successful claimant, Mr Sharp, in upholding a will challenged on the grounds of want of knowledge and approval.
• GE v KE [2014] EWHC 1938 (Fam); [2014] Fam. Law 1113: Acted on behalf of the administrators of the deceased’s estate and his widow in a dispute as to whether the widow was legally married to the deceased at the date of his death. Involved issues of Nigerian law.
• Futter v HMRC [2013] UKSC 26: Acted, with Robert Ham KC and Richard Wilson, for the appellant trustees in their appeal to the Supreme Court, which concerned the existence and limits of the principle known as the rule in Re Hastings-Bass.
• Hallett v Hallett (2012): Acted on behalf of the claimant widow, who was awarded 50% of the deceased’s net estate under the Inheritance (Provision for Family and Dependants) Act 1975.
• Re Hampel Discretionary Trust 1999 [2012] EWHC 2395 (Ch): Acted on behalf of the applicants to rectify an inter vivos trust deed, which did not represent the applicants’ intentions.
• Keith Maxwell Tamlin & Ors v. Holly Holbrook Samuel Edgar & Ors (Times, February 23, 2012): Acted for the third defendant, a beneficiary under two related family trusts. The case concerned the claimant trustees’ application for the court’s approval of advancements to wind-up the two trusts.

Download Trusts, probate and estates: contentious CV

Commercial disputes

Jennifer’s practice includes areas of general commercial and commercial chancery litigation, such as contractual disputes and commercial fraud.

Jennifer has a particular interest in cases involving restitution / unjust enrichment. She was in the landmark Supreme Court case of Benedetti v Sawiris [2013] UKSC 50, which concerned issues of restitution and the valuation of a quantum merit award.

Notable cases:

• Caribonum Pension Trustee Ltd v Pelikan Hardcopy Production AG [2019] 6 WLUK 362: Acted with Richard Hitchcock KC for Pelikan in a case concerning whether a pension trustee was entitled to summary judgment on a deed of guarantee given by Pelikan. The matter involved issues of construction and questions of Swiss law.
• Cross-Border Merger Project (2018): Acted for the trustees of a pension scheme alongside Andrew Spink KC and Ceri Bryant KC in a matter involving the Companies (Cross-Border Mergers) Regulations 2007.
• Benedetti v Sawiris [2013] UKSC 50 Acted, with Mark Howard KC and Andrew Twigger KC, for Mr Benedetti in his appeal to the Supreme Court, which concerned issues of restitution and the valuation of a quantum meruit award.
• Arab Banking Corporation & ABC Islamic Bank v Ahmad Hamad Algosaibi & Brothers (AHAB) (2011) Acted with Andrew Twigger KC on behalf of ABC and ABCIB banks to recover a sum in excess of US$100 million from AHAB, a partnership based in Saudi Arabia. The case was set to be one of the largest cases before the Commercial Court in 2011, but ended on the 4th day of trial after AHAB admitted contractual liability.

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Professional liability

Drawing on Jennifer’s expertise in pensions, trust and probate claims and commercial litigation, Jennifer’s practice includes professional negligence litigation in these related fields. In particular, professional negligence claims against solicitors, accountants, auditors, actuaries and financial practitioners.

Notable cases:

• Ballinger & Anor v Mercer Ltd & Anor [2014] EWHC 372 (Ch) & [2014] EWCA Civ 996: Acted with Fenner Moeran KC on behalf of the defendant companies who provided actuarial services to a pension scheme in a claim brought by the trustees of the scheme. In the Court of Appeal, the defendants successfully argued that the claimants should not have permission to amend their claim when there was, prima facie, a limitation defence.

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