Searching Content indexed under Trials & Appeals & Compensation by DQ Advocates ordered by Published Date Descending.
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Mutual Wills Can You Change Your Mind?
Individuals can agree that they will not in the future revoke or amend their Wills without the other party's consent.
Isle of Man
31 Oct 2017
Guidance For Trustees: When Should You Submit To The Jurisdiction Of A Foreign Court?
In the recent case of A Limited FURBS [2017] 21/2017, the Guernsey Court held that, in the exceptional circumstances arising...
7 Aug 2017
Restatement Of The Doctrine Of Illegality: The Supreme Court's Decision In Patel v Mirza
Following a series of inconsistent judgments, the Supreme Court has set down a new flexible but structured approach to illegality based upon the purpose behind the public policy.
Isle of Man
15 Aug 2016
Will The Court Always Have A Trustee's Back?
In a recent judgment, a trustee requested the Guernsey Court's blessing to distribute the assets of the trust in accordance with a letter of wishes in order to limit any future challenge of the trustee's decision.
12 Jul 2016
Oops! Can A Trustee's Mistake Be Undone?
The case involved the trustee of a number of Isle of Man trusts granting several call options. The call options could have led to capital gains tax consequences for the beneficiaries resident in the UK.
Isle of Man
12 Jul 2016
"Anti-Oral Variation" Clauses In Contracts: Do They Really Prevent Variations Orally And/Or By Conduct?
The relevant clause in that case was a standard boilerplate clause used in written contracts...
Isle of Man
8 Jun 2016
Trust Protectors A Look At Recent Cases
There is no statutory guidance in the Isle of Man on the role, rights and obligations of a protector. Here, we consider some recent case law which examines the nature of the protector.
Isle of Man
6 Apr 2016
Insolvency Update: Challenging A Liquidator's Decisions By Judicial Review
His Honour Deemster Doyle recently handed down judgment in a case which considered the legal principles applicable when a party seeks to challenge decisions made by a court-appointed liquidator during the liquidation of a company.
Isle of Man
16 Feb 2016
Appeal Court Confirms Strike Out Principles
Last year, leading offshore law firm DQ Advocates reported on the Isle of Man High Court's judgment in the case of The Slegaby Estate Limited and Samuel George Alder v Lloyds Bank International Limited.
Isle of Man
3 Feb 2016
English Court Expands Reach Of Freezing Injunction To Trust Assets
In December 2013, the liquidator of a Russian bank commenced proceedings in Moscow against one of the founders of the bank, Mr Pugachev, alleging that he had defrauded the bank out of c USD 2.2 billion.
14 Sep 2015
Injunctive Relief Against Third Parties: The Chabra Jurisdiction
The application was brought without notice on the basis that if notice were given there would be a real risk of dissipation of the assets.
Isle of Man
30 Apr 2015
Court Confirms Law On Res Judicata And Abuse Of Process
The claim followed the conclusion of two years of litigation (ORD 12/0035 & ORD 12/0034) between the parties in respect of the Bank's contractual claim for amounts owed by TSEL to the Bank pursuant to certain business loans.
Isle of Man
1 Apr 2015
Insolvency Update: Court Guidance On Provisional Liquidators' Fees
The Isle of Man High Court issued useful guidance on the procedure and principles applicable to payment of provisional liquidators' fees in a protracted winding up case.
Isle of Man
5 Nov 2014
DQ Beats George Osborne In Isle of Man Court
After a long-running litigation in the Isle of Man, DQs client, Paracale Gold Limited ("PGL") succeeded in its claim against George Michael Osborne ("Mr Osborne").
Isle of Man
27 Oct 2014
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