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By James Sheedy
In In the Matter of the C Trust [2018] JCA 219 (the ‘Trust') the Jersey Court of Appeal has, for the first time, considered and given guidance on the principles governing the remedy of rectification.
By Baker & Partners
This is the first of two short articles on four aspects of disclosure in civil proceedings in Jersey. The first focuses on the differences between pre-action and post-judgment disclosure...
By Clara Hamon
It is important not to be put off by the size of the task and the sheer volume of material.
By William Redgrave
You provide goods or services to a company, but the company is unable to pay. You know that the person behind the company, who received the benefit of the contract, has the money to pay – and that he is responsible for the company being insolvent.
By Baker & Partners
The Trust has only one material asset.
By Aaron Mayers
In recent years, legal professional privilege has been the subject of many high profile appeals. Cases such as Bilta v RBS and Three Rivers (No 4) demonstrate the extent to which the position on what constitutes ...
By Baker & Partners
Addition of James Corbett QC represents significant expansion of the firm's global offshore disputes practice
By Phillip Brown
A recent judgment[1] of the Royal Court casts light on the Island's conviction-based confiscation regime at a time when the States of Jersey is busy sharpening the claws of Jersey's investigatory...
By Stephen Baker
General Mohammed Abacha, President of Nigeria from 1993 to 1998, stole millions of dollars of Nigerian public money when in power.
By Charles Sorensen
In JSC BTA Bank v Khrapunov the UK Supreme Court ("UKSC") has provided a stir of excitement for civil fraud practitioners which will, no doubt, sustain many conference speeches over the coming months.
By Charlotte Cullen
As we have discussed in our recent blogs, privilege is a corner stone of justice and can exist both within and outside of a lawyer client relationship.
By Lynne Gregory
In common law jurisdictions such as England and Jersey, privilege is a fundamental principle of justice which enables a client to talk openly to his lawyer, secure in the knowledge that nothing he says will later be made public.
By James Sheedy
Important changes were made to the UK's deemed domicile regime in 2017. These complex new rules pose yet another set of challenges for offshore trustees of trusts with UK resident, deemed UK domicile settlors. While most hope to avoid the new tainting regime for so called ‘protected settlements', given the ease with which a trust can be tainted, and the potentially calamitous tax consequences of a tainting event, this is an area of high risk for trustees.
By Kate Ferbrache
The way companies handle and control personal data is on the brink of a seismic shift, partly as a response to the ever increasing digital economy and society.
By Charles Sorensen
Freezing orders (formerly known as a Mareva Injunctions) were famously described as "one of the law's two nuclear weapons"[1]. The metaphor has been invoked ever since.