Searching Content indexed under Litigation, Mediation & Arbitration by Damian Evans ordered by Published Date Descending.
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Jersey's Royal Court Determines That The Rights Of Creditors Of An Insolvent Jersey Trust Rank Pari Passu
The Royal Court of Jersey has recently held that the claims of both former and new trustees of an insolvent Jersey trust, arising under their respective indemnities and equitable liens, rank pari passu.
2 Aug 2018
The Royal Court Of Jersey Exercises Its Discretion To Help A Trustee Out Of A "Bit Of A Mess"
In the recent case of In the matter of the Number 1 C Trust [2018] JRC 021, the Royal Court of Jersey provided a helpful reminder to trustees of Jersey law trusts to seek its judicial assistance at the earliest...
21 Feb 2018
In In The Matter Of The M Trust [2017] JRC 198 | Jersey Law
In In the matter of the M Trust [2017] JRC 198, the Royal Court was asked to set aside the transfer of assets into a Jersey discretionary trust on the ground of mistake pursuant to Articles 11...
24 Jan 2018
In The Matter Of The L Trust: A Textbook Mistake/Hastings-Bass Application
There's something for both trust litigators and non-contentious practitioners in this recent judgment from Jersey's Royal Court, issued on 10 November ([2017] JRC 191).
19 Dec 2017
Approach To Blessing A Decision To Engage In Adverse Litigation
The case of In the Matter of the F Charitable Trust [2017] JRC 142 concerned an exclusively charitable Jersey law trust (the Trust).
Cayman Islands
9 Nov 2017
Arbitration In Trust Disputes – The Good And Bad
As Jersey plans to introduce changes to its trusts law, Damian Evans, Partner, Walkers Jersey, and Paul Buckle, Group Partner, Walkers Guernsey, take a look at how arbitration may play a larger role.
10 Jan 2017
Change To The Test Regarding Leave To Appeal To The Privy Council
The formulation of "an arguable point of law of general public importance which ought to be considered by the Supreme Court at that time" is the same as that applied under the relevant procedural rules to an application for permission to appeal to the Judicial Committee of the Privy Council on appeal from the Court of Appeal of Jersey.
Cayman Islands
16 Dec 2016
Trusts: It's All A Mistake
In its judgment of 19th September 2016 in In the matter of D, E and F Trusts [2016] JRC 166C, the Royal Court applied, for the first time, the statutory mistake provisions embodied in Article 47E of the Trusts (Jersey) Law 1984.
14 Dec 2016
Foundations: Another Sensible And Pragmatic Approach From Jersey's Royal Court
In November 2016, the Royal Court handed down its judgment in In the Matter of the C Trust Company Limited [2016] JRC 144 in which it blessed momentous decisions taken by the council member of five Jersey foundations.
14 Dec 2016
Jersey "COURTERLY" Review | October 2016
Although the legal year has only just started, over the summer months, a number of important judgments were handed down, brief summaries of which appear below...
24 Oct 2016
In The Matter Of The Representation Of Jasmine Trustees Limited [2015] JRC 196: Helpful Consideration Of The Duties Of Fiduciaries Exercising Powers Of Appointment
On 23 September 2015 the Royal Court gave judgment in In the matter of the Representation of Jasmine Trustees Limited [2015] JRC 196.
15 Oct 2015
Representation Of IFM Corporate Trustees Limited
In the matter of the Representation of IFM Corporate Trustees Limited [2015] JRC 160: An interesting case concerning the rectification of a Trust.
7 Aug 2015
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