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Searching Content indexed under Litigation, Mediation & Arbitration by Baker & Partners ordered by Published Date Descending.
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1
A Subjective Question: What To Do About The Jersey Law Of Contract?
A recent plea by the Jersey Court of Appeal for greater certainty in the Jersey law of contract has highlighted differences of opinion amongst the judiciary and the need for a way forward.
Jersey
13 Aug 2019
2
Guernsey Royal Court Permits Beneficiary's Application To Terminate Trust
The recent Guernsey case of Rusnano Capital AG (in liquidation) v Molard International (PTC) Limited and Pullborough International Corp [2019] GRC011 has, for the first time,
Guernsey
26 Apr 2019
3
Onward For The Ombudsman
The Royal Court has recently handed down its judgment in the first judicial review of a decision of the Channel Islands Financial Ombudsman ("CIFO") Future Finance Limited v Channel Islands
Jersey
5 Apr 2019
4
Disclosure In Jersey: What, When And From Whom? (Part 2)
This is the second of two articles on disclosure in civil proceedings in Jersey. The first can be found here.
Jersey
14 Mar 2019
5
Freezing Orders: Another Cautionary Tale
An ex parte application places a weighty burden upon the court hearing it. This is why the applicant has a duty to make full and frank disclosure of material which both assists and/or hinders their case.
Jersey
22 Feb 2019
6
Cards On The Table Please! Litigation Privilege And Adversaries
Litigation privilege is an auxiliary principle that buttresses the constitutional right of access to justice and should be kept within justifiable bounds. Without litigation privilege
UK
4 Feb 2019
7
Putting The Record Straight: Test For Rectification Clarified
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.
Jersey
11 Dec 2018
8
Disclosure In Jersey: What, When And From Whom? (Part 1)
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...
Jersey
28 Nov 2018
9
Disclosure In The Digital Era
It is important not to be put off by the size of the task and the sheer volume of material.
Jersey
19 Oct 2018
10
Representation Of Hawksford Jersey Limited re H Trust
The Trust has only one material asset.
Jersey
3 Oct 2018
11
SFO v ENRC: Legal Professional Privilege Restored?
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 ...
Jersey
12 Sep 2018
12
Leading Offshore Litigation QC to Join Baker & Partners
Addition of James Corbett QC represents significant expansion of the firm's global offshore disputes practice
Jersey
2 Jul 2018
13
Civil Asset Recovery In Action: Two's A Party; Three's A Crowd!
General Mohammed Abacha, President of Nigeria from 1993 to 1998, stole millions of dollars of Nigerian public money when in power.
Jersey
18 May 2018
14
JSC BTA Bank v Khrapunov: UK Supreme Court Decision Could Have A Ripple Effect In Jersey
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.
Jersey
14 May 2018
15
Bilta v RBS: Clarity On The Ambit Of Litigation Privilege?
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.
Jersey
26 Apr 2018
16
Oligarch's Lawyer Forced To Reveal Whereabouts Of Multi-Million Pound Art Collection
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.
Jersey
15 Mar 2018
17
Freezing Orders: Be Careful What You Wish For
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.
Jersey
7 Feb 2018
18
The Purgative Effect Of The Pugachev Judgment
In October 2017 the English High Court handed down a significant judgment in which it found that the assets of five discretionary trusts settled by Russian oligarch, Sergei Pugachev could be used to satisfy claims by Mr Pugachev's creditors.
Jersey
7 Feb 2018
19
Representation of Pringle, Fleming and Burnett – yet another nail in the coffin for désastre?
A recent judgment of the Royal Court has reinforced the wide nature of the court's jurisdiction to order a just and equitable winding up of an insolvent company whilst underlining the court's apparent distaste for désastre in the context of corporate insolvency.
Jersey
4 Dec 2017
20
Limits On Legal Professional Privilege
The High Court has recently restricted the ability to rely on privilege. Although SFO -v- ENRC is an English authority, Jersey generally follows English principles of privilege.
Jersey
7 Jun 2017
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