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Searching Content indexed under Trials & Appeals & Compensation 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
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
5
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
6
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
7
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
8
Representation Of Hawksford Jersey Limited re H Trust
The Trust has only one material asset.
Jersey
3 Oct 2018
9
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
10
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
11
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
12
Hong Kong Foods: Royal Court Clarifies Law On Misrepresentation
The decision of the Royal Court in Hong Kong Foods Limited and Another v Robin Hood Curry Limited and Another has brought much needed clarity to the law on misrepresentation...
Jersey
26 May 2017
13
Financial Conduct Authority: Supreme Court Ruling
The FCA has won a crucial legal victory after the Supreme Court ruled that it had not wrongfully identified a former senior banker at JP Morgan blamed for the American Bank's "London Whale" trading scandal.
Jersey
2 May 2017
14
Spilling The Beans: Information & Document Sharing With Beneficiaries
This is an area of the law dominated by rebuttable presumptions and there are few, if any, hard and fast rules.
Jersey
2 Mar 2017
15
Proposed Amendments To The Trusts (Jersey) Law 1984: A Commentary
The States of Jersey's Chief Minister's Department recently issued a consultation paper on a proposed 7th amendment to the Trusts (Jersey) Law 1984.
Jersey
15 Aug 2016
16
Who's On The Bus? Decision Of UKSC Could Have Wide-Reaching Consequences
This year Baker & Partners sponsored the University of Leicester Law Review Essay Contest, with the winner Jeremy Elliott receiving a week's placement with the firm.
Jersey
4 Jul 2016
17
Angelmist Properties Limited v Leonard And Others
The case, a summary judgment application/interim payment application, provides important guidance on the discharging of the director's duty of care.
Jersey
4 Feb 2016
18
Shades Of The Prison-House; Non-Payment Of Judgment Debts
The International Covenant on Civil and Political Rights ("ICCPR") is a United Nations multilateral treaty which extends to Jersey.
Jersey
13 Jan 2016
19
Baker & Partners Secure Jurisdiction Victory In Application To Remove A Trustee
Following an extensive investigation by the Panamanian authorities into its affairs, PanTrust was banned by the Panamanian regulator from conducting trust business from February 2015.
Jersey
21 Oct 2015
20
What's More Important; Business Or Home?
When a marriage breaks down and one party issues divorce proceedings it can be a difficult time for everybody involved.
Jersey
21 May 2015
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