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By Mark Chudleigh, Neil Thomson
It is well recognised that a trustee has a right to retain trust assets from a beneficiary in order to meet proper trust expenses and future contingent liabilities.
By Mark Chudleigh, Caitlin Conyers
In Deslauriers v Guardian Asset Management Limited [09.11.2017] (on appeal from the Court of Appeal of Trinidad & Tobago), the Board of the Judicial Committee of the Privy Council considered whether the respondent, ...
By Alex Potts
2018 has already seen a number of important judicial appointments, and retirements, at the courts of the major offshore financial centres. The new appointments, however, contain many familiar names.
By Mark Chudleigh, Caitlin Conyers
Under the trusts laws of most commonwealth jurisdictions, where a court finds a trustee personally liable for a breach of trust, the court has discretion to relieve that trustee of personal liability...
By Mark Chudleigh, Neil Thomson
In September 2017, the UK's Criminal Finances Act 2017 (the Act) came into force, creating two new offences:
By Mark Chudleigh, Caitlin Conyers
The Royal Court of Guernsey's decision on the duties of directors is significant for the wider offshore financial services market and for D&O insurers.
By Alex Potts, Nick Miles
Bermuda is a self-governing British Overseas Territory. The systems of law administered in Bermuda are local Bermudian legislation, Bermudian common law (as developed from English common law)...
By Mark Chudleigh, Nick Miles
The Bermuda Monetary Authority, an independent (non-governmental) body created by statute, is responsible for the licensing and supervision of insurance and reinsurance companies...
By Mark Chudleigh
At 18:00 GMT on Sunday 5 November 2017, I, like many others living in offshore financial centres (OFCs), was poised to review the publication of the "Paradise Papers"...