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  • Article

    The Extent Of Implication - Break Clauses And Reimbursement Of Rent In Commercial Leases

    The recent decision of the Supreme Court of England and Wales poses important points to be considered by commercial landlords, tenants and agents...
    GuernseyReal Estate and Construction
    Collas Crill
    Collas Crill
  • Article

    Winding Up vs Arbitration – Stay Of Creditor's Winding Up Proceedings Refused By Privy Council

    The inter-relationship between disputed debts, arbitration agreements and winding up proceedings has come up again this time before the Privy Council in Sian Participation Corp...
    GlobalLitigation, Mediation & Arbitration
    Carey Olsen
Carey Olsen
  • Article

    Bad-Faith Warnings Are "Inappropriate Short Cuts" Court Of Appeal Warns!

    We are commonly asked by employers whether an employee's existing disciplinary sanction can be taken into account in subsequent disciplinary processes for unrelated events.
    GuernseyEmployment and HR
    Collas Crill
    Collas Crill
  • Article

    Beddoe Applications: Beddoe Relief For Appeals

    The Grand Court of the Cayman Islands and the High Court in England and Wales have recently considered two unusual applications for Beddoe relief: an application by a trustee for retrospective Beddoe relief after the conclusion of proceedings, and an application for a trustee for Beddoe relief in respect of bringing...
    GuernseyLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Jersey Jurisdiction: Arresting Cross-Border Debts

    A creditor owed money by a debtor who is owed money in turn by a Jersey company can get a court order for payment from the Jersey company direct to the creditor.
    GuernseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Regulatory Investigations In Guernsey

    Guernsey licensees regulated by the Guernsey Financial Services Commission ("GFSC") have routine visits by the GFSC to check on their compliance with the local regulatory law...
    GuernseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Double Jeopardy: Breach Of Sanctions Or Contract?

    The case of Lamesa Investments Ltd v Cynergy Bank Ltd [2019] EWHC 1877 (Comm) involved a bank caught...
    GlobalCorporate/Commercial Law
    Collas Crill
    Collas Crill
  • Article

    Safe Harbour In A Storm?

    Europe's highest court, The Court of Justice of the European Union ("CJEU") has declared the EU-US Safe Harbour Agreement ("Safe Harbour") to be invalid as a mechanism to legitimise personal data transfers from the EU to the US.
    GlobalPrivacy
    Carey Olsen
    Carey Olsen
  • Article

    Fair Treatment Of Expert Evidence In Guernsey: Tui UK Ltd (Respondent) v Griffiths (Appellant)

    In our recent article covering litigation privilege and its reach to expert support (available here) we considered whether litigation privilege may be claimed over all the correspondence with a third party expert...
    GuernseyLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Fair Treatment Of Expert Evidence: Tui UK Ltd (Respondent) v Griffiths (Appellant)

    In our recent article covering litigation privilege and its reach to expert support (available here) we considered whether litigation privilege may be claimed over all the correspondence...
    GuernseyLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Shares Across Shores

    In Al Thani v Al Thani, the UK Privy Council ("the Privy Council") was asked to consider whether British Virgin Islands (BVI) company legislation treats the shares in a company registered in the BVI as immovable property and, therefore, subject to the laws of the BVI in determining the validity of a testamentary instrument for effecting the transmission of those shares on the death of the owner.
    GuernseyCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    Beddoe Applications: What Happens If A Trustee Forgets To Apply?

    The Grand Court of the Cayman Islands and the High Court in England and Wales have recently considered two unusual applications for Beddoe relief respectively: an application by a trustee for retrospective Beddoe relief...
    GuernseyWealth Management
    Walkers
    Walkers
  • Article

    The Carlyle Case - The Final Chapter

    The Carlyle case arose from the collapse in March 2008 of a Guernsey fund called Carlyle Capital Corporation Ltd (CCC), which led to the loss of all of its $1bn of capital.
    GuernseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Guernsey Court Of Appeal Clarifies Directors' Duties And Regulatory Standards

    A recent Guernsey Court of Appeal judgment sheds light on directors' duties and regulatory standards following sanctions imposed by the Guernsey Financial Services Commission (GFSC).
    GuernseyCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    Refusal Of Consent Under Guernsey's AML Reporting Regime: The Royal Court Weighs In On Balancing The Rights Of Asset Custodians And Asset Owners

    The Financial Intelligence Service's ("FIS") refusal to consent to a proposed transaction under Guernsey's anti-money laundering reporting regime has resulted in the Royal Court deciding its first private law...
    GuernseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Sars And Private Law Actions – The 'Chilling Effect' Of Guernsey's AML Legislation In Practice

    On 10 May 2018, the Royal Court of Guernsey handed down its judgment in Liang v RBC Trustees (Guernsey) Limited.
    GuernseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Guernsey’s New Qualifying Investor Fund Regime (QIF)

    Europe’s role in the global investment fund market has become increasingly prominent. The introduction of alternative investment strategies has created a more competitive arena and, as a result, jurisdictions closer to the European market are increasingly becoming a more attractive platform for offshore investments.
    GuernseyWealth Management
    Mourant Ozannes
    Mourant Ozannes
  • Article

    Carlyle Capital Corporation Limited (In Liquidation) And Others v William Elias Conway Jr And Others

    "However startling the history of [Carlyle Capital Corporation's] short life appears at first sight, its failure was the result of circumstances beyond the control of any board of directors.
    GuernseyCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Guernsey's Civil Forfeiture Regime – The 2022 Update And Recent Case Law

    In 2016 Moneyval issued an evaluation report on the Bailiwick of Guernsey. This commented favourably upon the Island's regulatory framework and compliance regime...
    GuernseyCriminal Law
    Walkers
    Walkers
  • Article

    Liang V RBC Trustees (Guernsey) Limited - SARs And Private Law Actions – The 'Chilling Effect' Of Guernsey's AML Legislation In Practice

    Carey Olsen partner Mark Dunster and counsel Simon Florance consider the recent judgment in Liang v RBC Trustees (Guernsey) Limited – the first time a private law action...
    GuernseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Showing 61–80 of 124 results

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