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  • Article

    Guide To Recognition And Enforcement Of Foreign Judgments In Guernsey

    Guernsey is a distinct jurisdiction from that of England and Wales with its own legal history, legal system and laws.
    GuernseyWealth Management
    Appleby
    Appleby
  • Article

    ‘Momentous' Decisions In Dividing Trust Assets

    In a Q&A for LexisNexis, Karen Le Cras, Richard Field and Paula Fry examine the background to the matter of the LKM Discretionary Trust and its potential impact.
    GuernseyWealth Management
    Carey Olsen
    Carey Olsen
Article

Snapshot: Appealing Civil Judgments In Guernsey

This snapshot outlines the process and grounds upon which an appeal can be made in respect of a civil judgment by the Royal Court of Guernsey.
GuernseyLitigation, Mediation & Arbitration
Ogier
Ogier
  • Article

    Guernsey Court Of Appeal Allows A Beneficiary To Terminate A Trust And Receive The Trust Assets, Despite There Being A Power To Appoint Further Beneficiaries Under The Trust Deed

    The case of Rusnano Capital AG (in liquidation) v Molard International (PTC) Limited and Pullborough International Corp [2019] GRC 011 concerns a Guernsey trust
    GuernseyWealth Management
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Fears For TIEAs: Mutual Exchange Agreements Want To Rule The Offshore World

    The OECD website lists 518 Tax Information Exchange Agreements (TIEAs) entered into between 2000 and 2012.
    GlobalTax
    Collas Crill
    Collas Crill
  • Article

    Re Coinomi - Reconsidering The Remedies For Unfair Prejudice

    The English Court of Appeal has considered the scope of potential remedies available to a shareholder on a petition for unfair prejudice in a decision that may be persuasive...
    GuernseyCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    Executor Not Arbiter - The Role Of The Trustee In A Dispute Between Beneficiaries

    The judgment by Justice Williams is unusual in its forcefulness and contains a number of specific criticisms of the actions and behaviour of the trustee executors.
    GuernseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Interpleader Actions And The Summary Judgment Rules

    The Royal Court has clarified for the first time the application of the Royal Court Civil Rules in relation to the use of the summary determination and judgment procedure in interpleader actions.
    GuernseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Distribution Of Trust Assets – The Court's Blessing In Times Of Unrest

    The last surviving Settlor died in July 2015 and there was an unfortunate family dispute between R1 and the other beneficiaries.
    GuernseyWealth Management
    Ogier
    Ogier
  • Article

    Trustee Gross Negligence And Trust Assets: Guernsey Court Of Appeal Considers The Scope Of Gross Negligence For A Trustee And Whether A Chose In Action Is Trust Property

    The Trusts (Guernsey) Law, 2007 (Trusts Law) confirms that the terms of a trust may not relieve a trustee of liability for a breach of trust arising from its own gross negligence.
    GuernseyCorporate/Commercial Law
    Collas Crill
    Collas Crill
  • Article

    Evidence In Civil Proceedings – An Update

    Mathew Newman, a partner in Ogier's Dispute Resolution team, examines the practical impact of the Law and the accompanying rules (the Evidence in Civil Proceedings Rules, 2011 and relevant Guernsey case law in the last 3 years.
    GuernseyWealth Management
    Ogier
    Ogier
  • Article

    On The Brink Of Insolvency: When Should Directors Consider The Interests Of Creditors?

    In the recent decision of BTI 2014 LLC v Sequana SA and others, the English Court of Appeal issued helpful guidance regarding the question of when the directors of a company in financial difficulty
    GuernseyInsolvency/Bankruptcy/Re-Structuring
    Guernsey Finance
    Guernsey Finance
  • Article

    Tchenguiz In The Court Of Appeal

    This article focuses on the judgments delivered in June and October 2014 by the Guernsey Court of Appeal in the long-running Tchenguiz litigation.
    GuernseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    An Update Of The Royal Court Of Guernsey's Rules On Civil Procedure

    The Rules have now been in force for some 8 years and have made a significant difference to the way civil cases are fought and progressed.
    GuernseyWealth Management
    Ogier
    Ogier
  • Article

    Time Out With Mathew Newman, Head Of Dispute Resolution In Guernsey

    The work environment has changed dramatically in recent months. For many, it has meant having to quickly transition to new ways of doing business, new ways of maintaining team morale from home and...
    GuernseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Administration Management – The GFSC's Interventionist Powers And The Royal Court's Approach

    The protection of investors is important for the reputation of any jurisdiction. In the Bailiwick of Guernsey, the Guernsey Financial Services Commission and the Royal Court of Guernsey have a significant role to play in that regard.
    GuernseyWealth Management
    Ogier
    Ogier
  • Article

    Guide To Asset Freezing Injunctions In Guernsey

    A major risk facing anyone bringing a claim is that the defendant will use the period between becoming aware of the claim and trial to dispose of or hide his assets, so that they will not be available to satisfy a judgment.
    GuernseyWealth Management
    Appleby
    Appleby
  • Article

    Case Update: The Appeal In The Guernsey Financial Services Commission v. Domaille And Others

    The judgment of the Court of Appeal in The Guernsey Financial Services Commission v. Domaille, Clarke and Hannis [2024]...
    GuernseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Holding Data Hostage

    Those in the data hosting industry may wish to revisit their contractual arrangements in view of a recent Court of Appeal decision in England.
    GuernseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    The Carlyle Case And Directors' Duties

    A judgment handed down in September 2017 by the Royal Court of Guernsey cleared the Carlyle Group, Carlyle Investment Management, and TCGH (represented by Simon Davies of Ogier) ...
    GuernseyWealth Management
    Ogier
    Ogier
  • Showing 81–100 of 124 results

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