Freezing Orders In Jersey: Establishing Risk Of Dissipation

The rule in Saunders v Vautier is familiar territory for trust lawyers. In the modern world it is understood to mean that the beneficiaries of a trust, if all of full age and capacity...

Within the intricate landscape of trust litigation, a recent legal development may reshape safeguards for trustees. Co-authored by Paul Buckle, Director of Private Client Services, and Tracey Neuman...

In Jersey, the primary test for obtaining an interim injunction (which is different to a freezing injunction) was established by the House of Lords in American Cyanamid Co v Ethicon Limited...

Most of us find it easier to understand a legal concept if we are given an illustrative example. A hypothetical set of facts that clearly falls on one side of the line can help us appreciate how the concept works.

No multilateral international treaties or conventions apply in relation to the enforcement of foreign judgments in civil and commercial matters.

Jersey has established itself as a sophisticated offshore financial centre with robust legal frameworks for combating fraud and recovering assets. This comprehensive guide examines how Jersey's unique hybrid legal system, combining Norman customary law with modern English procedural approaches, provides powerful remedies including freezing orders, Norwich Pharmacal relief, and cross-jurisdictional mechanisms to prevent the island from becoming a safe haven for fraudulent proceeds.

In the matter of the Representation of IFM Corporate Trustees Limited v Helliwell and Mountain[2015] JRC160 the Royal Court of Jersey was asked to exercise its discretion to make an order for rectification.

The English Court of Appeal has clarified in Garcia v Marex Financial Ltd ("Marex") [2018] EWCA Civ 1468 that the rule against reflective loss does apply to claims by unsecured creditors

Baker & Partners' Jersey team contributes to the inaugural Global Legal Post Enforcement of Judgments Guide, offering practical insights into cross-border dispute resolution and judgment enforcement across multiple jurisdictions. The comprehensive guide examines Jersey's evolving enforcement framework, from traditional customary law remedies to modern creditor-friendly procedures, providing essential guidance for practitioners navigating international recovery proceedings.

Experienced BVI litigator Justin Davis has joined Ogier's Dispute Resolution and Restructuring and Corporate Recovery teams in Hong Kong as partner.

China has introduced a comprehensive Individual Income Tax regime for offshore trusts, imposing a 20% flat tax on settlors and beneficiaries with Chinese connections. With a 90-day transition window now in effect, affected individuals must urgently assess their disclosure obligations and consider whether existing trust structures remain viable under the new rules.

Islamic finance is experiencing rapid global expansion, with assets approaching US$6tn and record sukuk issuance attracting non-traditional investors. The convergence of Shariah-compliant and sustainable investing is creating new opportunities, while AAOIFI Standard No. 62 and tokenisation developments are reshaping how Islamic finance structures are designed and implemented across international markets.

Ireland's Budget 2027 introduces significant tax reforms aimed at boosting competitiveness and encouraging investment, including reductions in capital gains tax, simplified interest relief provisions, and a new Personal Investment Account with favorable tax treatment. The budget package totals €8.5 billion with measures focused on rewarding work, promoting entrepreneurship, and addressing housing supply challenges.

Important changes have been made to the BVI Business Companies Act, Revised Edition 2020 (the "Companies Act").

Liquidity concerns are all too familiar to most private equity fund managers these days, and investors in their funds have not been immune.

Further to our recent update, the DITC has issued an updated CRS Entity Self-Certification Form and Individual Self-Certification Form to reflect the recent amendments to the CRS as implemented in the Cayman Islands.

The CRS is the global standard developed by the OECD for the automatic exchange of financial account information between participating jurisdictions for tax purposes.

The decision as to where to establish an offshore trust can only be made based on the specific requirements of the client.

The Cayman Islands Department for International Tax Cooperation has made the following announcements regarding the AEOI regimes.

The Grand Court of the Cayman Islands recently delivered a judgment in In the matter of Pinnacle Global Partners Fund I LTD.