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The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.

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United Kingdom > Guernsey > Legal Developments > Law firm and leading lawyer rankings

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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

In re B; B v T (Court of Appeal, 11 July 2012)

April 2013 - Finance. Legal Developments by Ogier .

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A trustee's duty of confidentiality has recently been discussed and to some extent clarified in the recent Guernsey Court of Appeal decision of In re B; B v T (Court of Appeal, 11 July 2012). This summary has been prepared to provide you with a summary of the case as well as the general issues raised, but is not intended to cover all matters or to provide commentary.  This summary does not constitute legal advice.

The Company Administration Regime in Guernsey

March 2013 - Finance. Legal Developments by Ogier .

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Introduction 

The Companies (Guernsey) Law, 2008 ("Companies Law") provides for companies, protected cell companies ("PCCs"), incorporated cell companies ("ICCs") and cells of PCCs and ICCs to be placed into administration and for an administrator to be appointed to manage that entity's affairs whilst the administration order remains in force.  The concept of administration in Guernsey was first introduced for PCCs only in 1997 but has expanded its scope to cover all other types of company that can be registered in Guernsey.  Administration, like the equivalent procedure in other jurisdictions, provides insolvent companies with a breathing space in order to maximise realisations and asset values without increasing liabilities, which, in turn, favours creditors.  However it is important to note, at the outset, that there are substantive differences from a creditor's perspective between the process in Guernsey and, for example, England. 

Pursuant to section 374 of the Companies Law, a company, PCC, ICC or cell may be placed into administration by the Royal Court upon the application of certain parties.  During the term of the administration order, the affairs, business and property of the company are managed by an administrator who is appointed by the court for that purpose.  The Royal Court will only make an administration order if various requirements are fulfilled.  These are that the entity in question must fail or be likely to fail the "solvency test" as set out in section 527 of the Companies Law, and that one or both of the purposes of administration (as set out below) may be achieved by the making of the administration order.  For the rest of this note, and for the sake of brevity, the term "company" also refers to PCCs, ICCs and their cells, unless otherwise stated.

Guernsey Image Rights Legislation

December 2012 - Finance. Legal Developments by Ogier .

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The Image Rights (Bailiwick of Guernsey) Ordinance 2012 (the Ordinance) and The Image Rights (Bailiwick of Guernsey) Regulations, 2012

Guernsey Foundations

November 2012 - Finance. Legal Developments by Ogier .

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The Foundations (Guernsey) Law, 2012 (Law) is awaiting Royal assent, expected to be given by the end of the year or early next year. Whilst Guernsey is not the first jurisdiction to provide for foundations, the Law does provide a number of unique options for individuals wishing to take advantage of the benefits provided by foundations. The purpose of this note is to provide both a general summary of the features of a Guernsey foundation, as well as a summary of these unique options that will be available under the Law.

Competitive Guernsey

October 2012 - Corporate & Commercial. Legal Developments by AFR Advocates.

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Guernsey has been considering the introduction of local competition law since at least 2005 and by bringing into effect The Competition (Guernsey) Ordinance, 2012 on 1 August 2012, has introduced an effective Competition Law regime, to regulate the same 3 core areas recognized in most competition regimes, namely the abuse of a dominant position, anti-competitive arrangements, and mergers and acquisitions.

Foundations in Guernsey

September 2012 - Corporate & Commercial. Legal Developments by Carey Olsen.

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On 25 July 2012 the States of Deliberation, Guernsey’s parliament, approved the project de loi The Foundations (Guernsey) Law, 2012 (the “Law”). Subject to Privy Council approval, the Law is expected to come into force in late 2012 or early 2013. This note is a brief summary of certain features of the new Law.

Friendly Rivalry? The Competition Laws of the Channel Islands

August 2012 - EU & Competition. Legal Developments by Ogier .

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• New Competition Law for Guernsey in force on 1 August 2012 • Jersey and Guernsey now both regulate the abuse of a dominant position, anti-competitive arrangements, and mergers and acquisitions • Key differences between the islands' competition laws • Overall, a pan-Channel Island approach to regulation

Making a will in Guernsey May 2012

June 2012 - Corporate & Commercial. Legal Developments by Carey Olsen.

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On 2 April 2012 The Inheritance (Guernsey) law 2011 came into force which has replaced Guernsey’s forced heirship regime with a system of full testamentary freedom (accompanied by family and dependent provisions).

Listing Specialist Securities on the Channel Islands Stock Exchange

June 2012 - Corporate & Commercial. Legal Developments by Carey Olsen.

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The Channel Islands Stock Exchange LBG ("CISX") began its operations in October 1998. It is based in St Peter Port, Guernsey and provides a listing facility and bespoke trading platform.

Image rights laws to be introduced in Guernsey

May 2012 - Intellectual Property. Legal Developments by Carey Olsen.

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“Image is everything” - Andre Agassi once famously declared in an advert for camera brand, Canon.

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