Adam Carvalho

This Practice Note, written by Adam Carvalho of Myerson, considers two of the ways in which trustees limit their personal liability (trustees’ limitation of liability) arising from their roles, namely indemnities and exoneration clauses in trust instruments.

This Practice Note, written by Adam Carvalho of Myerson, addresses trustee decision making. It considers the decision making process, the option of applying to the court where there are doubts about a decision and the potential remedies available to trustees where decisions have been made and issues have subsequently arisen.

This Practice Note, written by Adam Carvalho of Myerson, examines disputes in relation to the authenticity of artworks, being the attribution of a work to a particular artist. It covers a broad range of issues that can arise in relation to attribution claims and examines significant cases.

This Practice Note, written by Adam Carvalho of Myerson, considers how bailment issues may arise in the context of art law. It explains what bailment is, gives examples of bailments which Private Client practitioners may come across, as well as other types of claim such as conversion. The Practice Note also considers bailment in a commercial context and discusses the parallels and distinctions between bailments and trusts.

This Practice Note, written by Adam Carvalho of Myerson, provides an introduction to art law for Private Client practitioners and those advising wealthy individuals and trustees. It considers transactional issues and contentious issues, particularly surrounding ownership of art, as well as tax and wealth planning involving works of art. The Practice Note also highlights further reading and areas of potential interest to practitioners in this sector.

This Practice Note, written by Adam Carvalho of Myerson, considers negligence claims against auctions houses and valuers in relation to works of art. It covers negligence in relation to the attribution of artwork, the duty and standard of care of auction houses and valuers and the quantification of damages where negligence is found.

This Practice Note, written by Adam Carvalho of Myerson, deals with restitution in an art law context. Restitution under English law aims to restore to an innocent party the gains that someone else has obtained from them. While the Practice Note focuses on the issue from the perspective of English law, it includes a broad overview of the key issues in international restitution.

This Practice Note, written by Adam Carvalho of Myerson, discusses the Supreme Court case of Children’s Investment Fund Foundation (UK) v Attorney General which provides an illustration of the way in which a large philanthropic trust can become embroiled in matrimonial disputes. It illustrates a number of issues relating to charity litigation.

This Practice Note, written by Adam Carvalho of Myerson, discusses the case of HM Attorney General v Zedra Fiduciary Services which provides a practical illustration of the court’s approach to construing the meaning of a charitable trust, the court’s initial consideration of different types of schemes and procedural points relevant to charity litigation of this nature. Subsequently in the 2022 case the court approved the Attorney-General's proposed cy-près scheme to reduce the National Debt.

This Practice Note, written by Adam Carvalho of Myerson, discusses the case of Quan v Bray which provides an interesting illustration of the way in which a large philanthropic trust can become embroiled in ‘big money’ matrimonial litigation and the numerous issues relating to charity litigation.

This Practice Note, written by Adam Carvalho of Myerson, is about charity proceedings. They relate to the internal administration of a charity or its domestic affairs.

This Practice Note, written by Adam Carvalho of Myerson, covers the compromise of charity litigation. It includes consideration of the general requirement on litigants to try to settle disputes, the power to compromise and implement settlement terms, as well as charity trustees’ duties.

This Practice Note, written by Adam Carvalho of Myerson, covers the costs position in charity litigation. It considers the costs rules as they apply to charity trustees. It also considers the cost rules for litigation involving the attorney general and realtors and whether charity trustees can be indemnified for the costs of litigation from charity funds. It considers applications to the Charity Commission under section 105 of the Charities Act 2022 for an order authorising the use of charity funds for litigation and applications pursuant to section 110 to the Charity Commission to ask it for advice.

This Practice Note, written by Adam Carvalho, considers whether a charity should engage in litigation—be it initiating or defending proceedings. It sets out considerations for trustees of charities—whether CIOs, corporates, trusts, membership bodies or otherwise—who are involved in or contemplating civil litigation. It looks at the principles of charity trustee decision making in the context of litigation.

This Practice Note, written by Adam Carvalho of Myerson, considers conflicts of interests and charities. It looks at the key principles and unauthorised benefits. It also considers the position for an incorporated charity under the Companies Act 2006.

This Practice Note, written by Adam Carvalho of Myerson, provides an overview of the principles of charity trustee decision-making in England and Wales. It considers the information gathering process, the relevant factors to consider when making a decision, irrelevant factors and procedural matters. It also considers the review of charity trustee decision-making a Charity Commission advice.

This Practice Note, written by Adam Carvalho of Myerson, outlines the powers of the Court of Protection to enforce orders made by the court, covering the contempt of court provisions in the Court of Protection Rules 2017 (COPR 2017) and also the COPR 2017 powers to make committal orders and civil restraint orders and other enforcement methods from the CPR 1998 that are imported into the COPR 2017.

This Practice Note, written by Adam Carvalho of Myerson, outlines the rules relating witness evidence and expert evidence in the Court of Protection. The use of witness statements, witness summaries, summons and depositions are explained, as are section 49 reports and the rules around admissibility of evidence. In respect of expert evidence, this Practice Note covers restrictions on expert evidence, duties of experts and guidance for experts.

This Practice note, written by Adam Carvalho of Myerson, considers CPR Part 57 as it relates to probate and inheritance claims. It focuses on probate claims, claims for rectification, claims to substitute or remove a personal representative and claims under the Inheritance (Provision for Family and Dependants) Act 1975.

This Practice Note, written by Adam Carvalho of Myerson, examines those occasions where it is suspected that a Will is either a forgery, where a Will has been destroyed other than by the testator, or where a person propounds a Will that they know to be false. The burden of proof in these situations is also considered.