Carl Islam

Call: 1984

I am the author of the ‘Contentious Probate Handbook’, and the ‘Contentious Trusts Handbook’, both published by the Law Society, and as a practitioner have over 35 years of drafting, negotiation, and dispute resolution experience. My recent work has included the following claims and remedies:

  • Actual undue influence (in relation to a lifetime transfer of property).
  • Application for an Inventory and Account.
  • Beddoe applications.
  • Breach of Fiduciary Duty and Trust claims against Executors/Trustees.
  • Construction and rectification of a will.
  • Declarations about the existence and extent of an alleged beneficial interest in an Estate Asset – Constructive and Resulting Trust Claims.
  • Equitable compensation.
  • Forgery.
  • Fraudulent calumny.
  • Lack of knowledge and approval (including the reversal of the burden of proof under the ‘suspicious circumstances’ rule).
  • Lack of testamentary capacity (and the reversal of the burden of proof by raising a ‘sufficient doubt’).
  • Proprietary Estoppel Claims, i.e. where the Claimant is seeking to establish an Equity arising by Estoppel.
  • Removal of a caveat.
  • Presumed undue influence (in relation to a lifetime transfer of property).
  • Probate undue influence.
  • Rescission.
  • Secret trusts.

I am also a member of the Revenue Bar Association, and as an advocate, can be directly consulted and instructed  by a member of the:

  • Chartered Institute of Taxation.
  • Institute of Chartered Accountants in England and Wales.
  • the Chartered Association of Certified Accountants,

under the RBA Joint Advisory Scheme, or Special Advocacy Scheme.

As an accredited Mediator, I can also be appointed by a taxpayer as either an independent sole Mediator or Co-Mediator for a Tax Dispute (see my article in Taxation, ‘Follow the Yellow Brick Road – Off to Mediation with HMRC’).

Biography

Carl Islam, B.Soc.Sc (Keele) (Law & Political Science) (Joint-Honours), LLM (Exon)(International Business law), Barrister (Lincoln’s Inn), TEP, SCMA Accredited Mediation Advocate, Accredited Mediator and MSoM (Full Member of the Society of Mediators in London). Member of the Chancery Bar Association, Revenue Bar Association, and STEP. Chambers of Sir Tony Baldry, First Floor, 1 Essex Court, Temple, London EC4Y 9AR (www.1ec.co.uk).

I have been invited by the Law Society of England & Wales, to write a second edition of the Contentious Probate Handbook, which I am planning to write in 2023/2024.

I am also studying part-time for a Diploma in Art Law at the Institute of Art & Law in London, see the ‘Mediation of Art & Cultural Heritage Disputes’ page at www.carlislam.co.uk.

Qualifications

  • MSoM- Mediator accredited by the Society of Mediators in London (2022).
  • SCMA accredited mediation advocate (2014).
  • TEP- Registered by STEP in 2007 (Membership Number: 61270).
  • Solicitor- Admitted in 1990 (Law Society Reference Number: 146131), currently non-practising and remaining on the roll.
  • Barrister- Inns of Court School of Law and Lincoln’s Inn (Called in 1984).
  • LL.M- (International Business Legal Studies) (Exeter University) (1987).
  • B.Soc.Sc- (Joint-Hons) (Keele University) (Law and Political Science) (1983).
  • Educated at Uppingham School 1974 – 1980.
  • I am also studying part-time for a Diploma in Art Law at the Institute of Art & Law in London, and one of my essays (see the ‘Mediation of Art & Cultural Heritage Disputes’ page at www.carlislam.co.uk) is about, ‘Deaccessioning & Repatriation of Art – Powers and Duties of Trustees, Variation, Applications, and Procedure under the Charities Act 2022.’

Memberships

  • Chancery Bar Association.
  • The Honourable Society of Lincoln’s Inn.
  • The Honourable Society of the Middle Temple.
  • Revenue Bar Association.
  • Society of Trust and Estate Practitioners.
  • Society of Mediators.
  • South Eastern Circuit.

Publications

  • ‘Follow the Yellow Brick Road – Off to Mediation withHMRC’, which is scheduled for publication in Taxation (Tolley) in December 2022.
  • ‘Mediation of Probate & Trust Disputes – Challenges & Tools – Part 1’, Trusts & Trustees (Oxford University Press) – currently in production for publication online in December 2022 and in the Journal in February 2022. Part 2 will be written in 2023.
  • ‘Back to the future’ – Part 2 – Mediation and Estate/Business Succession Planning. Taxation (Tolley) 08.03.2022.
  • ‘Back to the future’ – Part 1 – Mediation and the tax-efficient settlement of probate disputes. Taxation (Tolley) 01.03.2022.
  • ‘Electing between equitable remedies’, published by Trusts & Trustees (Oxford University Press), 16 December 2021.
  • ‘Judicial-ENE and the New Normal’, published by Trusts & Trustees (Oxford University Press), 14 December 2020.
  • ‘Contentious Trusts Handbook – Practice and Precedents’, 1st Edition, 400 pages including a CD-ROM, priced £100.00, published by the Law Society in July 2020 (ISBN-13:978-1-78446-12446-124-9).
  • ‘Contentious Probate Handbook – Practice and Precedents’, 1st Edition, 424 pages including a CD-ROM, priced £79.95, published by the Law Society 1 October 2016 (ISBN: 9781784460600). Please note that I have been invited by the Law Society to write a second edition in 2023/2024.
  • ‘Breach of Fiduciary Duty Claims and the Quiet Fiduciary Thesis’ published in Trusts & Trustees by Oxford University Press, February 2019.
  • ‘The Advocate and the Expert in the Court of Protection’, published in the Expert Witness Journal (Autumn 2018). Co-authored with Dr Hugh Series of Oxford University.
  • ‘Equitable compensation arising out of sale of a property ordered under section 14 TLATA’ published in Trusts & Trustees by Oxford University Press, Trusts & Trustees, Volume 23, Issue 10,
  • ‘Bricks and mortar – the practical application of the residence nil rate band, including drafting issues and claiming the relief’, co-authored with Stephanie Churchill CTA and published in Taxation (12 October 2017).
  • ‘The Advocate and the Expert in a Testamentary Capacity Claim’, published in the Expert Witness Journal (Autumn 2015).
  • ‘Tax-Efficient Wills Simplified 2014/2015’ (Amazon Kindle book).
  • ‘Tax-Efficient Wills Simplified 2013/2014’, published by Management Books 2000 Ltd.
  • ‘Tax-Efficient Wills Simplified 2012/2013’, published by Management Books 2000 Ltd.
  • ‘Tax-Efficient Wills Simplified 2011/2012′, published by Management Books 2000 Ltd.
  • ‘Tax-Efficient Wills Simplified 2010/2011′, published by Management Books 2000 Ltd.
  • ‘Tax-efficient wills’ published in Taxation Magazine (by Lexis Nexis Butterworths) (March 2008).
  • ‘The concept of sham in relation to offshore trusts, how such a situation can arise and how best it can be avoided’ published in the Journal of International Trust and Corporate Planning, Volume 14, Issue 3, 2007, by Jordans.
  • ‘Thin edge of the wedge (Part 1)’ published by Euromoney in Project Finance Magazine (July 2001). The adjudication of power project disputes in the aftermath of ABB Zantingh Ltd v. Zedal Building Services.
  • ‘The legal and commercial consequences of performing unspecified design work in ship-conversion projects’ (April 1999). International Conference Paper published by the Royal Institute of Naval Architects in London.
  • ‘Les effets de la directive communautaire sur la responsabilite du fait des produits sur l’introduction d’une instance au Royaume-Uni’ (how to bring a product liability claim in England). Revue du Marche Commun. No325 mars 1989: 176-179.
  • ‘The inviolability of diplomatic and consular premises.’ The Law Society Guardian Gazette 29th June 1988, Vol.95,.

This is the Privacy Policy for:

Barrister: Carl Islam

Address: 1EC, 3 King’s Bench Walk North, Inner Temple, London, EC4Y 7HR

The Purposes for which Personal Data is Processed:

Personal data will be processed in order to enable the provision of legal services, ie:

  1. advice;
  2. representation in court;
  3. the drafting of legal documents.

It may also be necessary to retain personal data for conflict-checking purposes or for use in the defense of potential complaints, legal proceedings or fee disputes.

The Lawful Basis for Processing Personal Data

In some cases the subject of the personal data will have given consent to the processing of his or her personal data. Where explicit consent has not been given, personal data will be processed only when:

  1. it is necessary for the performance of a contract with the person whose personal data is processed (or prior to entering such contract, in order to take steps at the request of the person whose personal data is processed); or when
  2. it is necessary for the purposes of providing legal services.

Special Categories of Personal Data

It may be necessary to process personal data which constitute particularly sensitive special categories, ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Such data will only be processed where processing is necessary for the establishment, exercise or defense of legal claims.

Who will receive Personal Data

The recipients of the personal data processed will be:

  1. instructing solicitors and clients;
  2. courts and other tribunals to which documents are presented;
  3. witnesses and potential witnesses, including expert witnesses;
  4. other barristers, pupil barristers and other legal representatives;
  5. regulatory authorities.

Retention Periods for Personal Data

Personal data in case files will generally be kept at least the end of one year after the maximum relevant limitation period has expired. The limitation period will be measured from the latest date it is possible to bring any appeal.

The retention period will be reviewed when the work has been completed. The retention period may be adjusted at that time.

International Data Transfers

In cases involving international disputes, it may be necessary to transfer personal data to countries outside the European Economic Area which have different data protection standards to those which apply in the European Economic Area. This will only be done for the purposes set out in this Privacy Policy. In the event this is necessary, appropriate safeguards will be in place to protect personal data, such as European Commission approved standard contractual clauses or the EU-US Privacy Shield. You have a right to ask for a copy of the relevant safeguard.

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If your personal data has been processed or held, you have a right to request access to (and rectification or erasure of) personal data; or to request restriction of processing concerning the data subject; or to object to processing; as well as the right to data portability. These rights may be limited where there is a legal requirement, or other legitimate grounds, to process your data.

If you wish to exercise these rights, please use the contact details above.

If you have unresolved concerns you also have the right to complain to data protection authorities.