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  • Article

    Cards On The Table: A Brief Guide To The Discovery Process In Jersey

    Discovery (as it is still known in Jersey) is arguably the most important stage in the court process whereby each party to a dispute is required to disclose to all other parties all those documents which are relevant to the proceedings and which they have in their "possession, custody or power".
    JerseyWealth Management
    Appleby
    Appleby
  • Article

    Insolvent Trusts: A Further Development

    In our October update, we provided a briefing on the important decision in Representation of the Z Trusts [2015] JRC 196C which provided welcome guidance...
    JerseyWealth Management
    Ogier
    Ogier
Article

Jersey Court Examines Directors’ Duties And Relief From Liability

The Royal Court has recently examined directors’ duties in Jersey law in the case of Vilsmeier v AI Airports International Limited and PI Power International Limited [2014] JRC 257.
JerseyWealth Management
Appleby
Appleby
  • Article

    Trust Removal Proceedings - Service Out Of The Jurisdiction And The Effect Of Administration Clauses: Representation Of The Manor House Trust And The Russian Trust

    The proceedings sought orders setting aside deeds of retirement and appointment (DORAs) executed in 2007, by which a corporate Panamanian trustee was appointed trustee of the Manor House and Russian Trusts...
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Jersey Foundations - Fit for purpose?

    Foundations are a relatively new legal concept in Jersey having been introduced by the Foundations (Jersey) Law 2009.
    JerseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Creditor's Remorse: In The Matter Of The E Settlement [2018]JRC143

    Not for the first time in recent years, the Royal Court of Jersey has shown itself willing to assist a trustee by setting aside a previous decision of that trustee ...
    JerseyCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    Shades Of The Prison-House; Non-Payment Of Judgment Debts

    The International Covenant on Civil and Political Rights ("ICCPR") is a United Nations multilateral treaty which extends to Jersey.
    JerseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Stack The Odds In Your Favour - Directors' Agreements And Express Terms

    In a judgment released earlier this month, the English Court of Appeal has allowed a director to claim unpaid wages and compensation for constructive unfair dismissal...
    JerseyEmployment and HR
    Collas Crill
    Collas Crill
  • Article

    At A Glance Guide To Legal Privilege And Investigations

    Every regulated business should take the time to consider its policies and procedures around internal investigations.
    JerseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Freezing Orders: Be Careful What You Wish For

    Freezing orders (formerly known as a Mareva Injunctions) were famously described as "one of the law's two nuclear weapons"[1]. The metaphor has been invoked ever since.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Jersey Court Decision In Beddoe Application May Have Implications For Statutory Firewall

    Private Client analysis: The Royal Court of Jersey has issued a judgment on a Beddoe application in which it blessed the decision of a trustee to submit to the jurisdiction of the...
    JerseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Third Circuit Holds That SLUSA Does Not Preclude Class Action Opt-Outs From Pursuing Individual Actions

    In North Sound Capital, LLC v. Merck & Co, Inc., No. 18-2317, 2019 WL 4309663, 2019 U.S. App. LEXIS 27518 (3d Cir. Sept. 12, 2019), the United States Court of Appeals for the Third Circuit ...
    JerseyLitigation, Mediation & Arbitration
    Sheppard
    Sheppard
  • Article

    Jersey Decision: Mistake Or Conscious Risk Taking?

    In a recent decision, the Royal Court has expressed reluctance to grant relief on the grounds of mistake in circumstances where, rather than a settlor being unaware of and therefore mistaken...
    JerseyTax
    Carey Olsen
    Carey Olsen
  • Article

    Foundations: Another Sensible And Pragmatic Approach From Jersey's Royal Court

    In November 2016, the Royal Court handed down its judgment in In the Matter of the C Trust Company Limited [2016] JRC 144 in which it blessed momentous decisions taken by the council member of five Jersey foundations.
    JerseyWealth Management
    Walkers
    Walkers
  • Article

    Trusts Update - Freeman v Ansbacher

    In an important judgment, the Deputy Bailiff of the Royal Court of Jersey has clarified the Jersey law position in relation to two points. Firstly, whether the object of a mere power has standing to sue for breach of trust against trustees. Secondly, whether the principle of 'reflective loss' is directly applicable to a discretionary trust which wholly owns a company.
    JerseyWealth Management
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Freezing Injunctions And Enforcement

    In ongoing litigation in the English Commercial Court, ENRC NV ("ENRC") obtained summary judgment against Zamin Ferrous Limited ("Zamin", a Jersey company) on a counterclaim in June 2015...
    JerseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Landmark Privy Council Decision On The Scope And Ranking Of Trustees' Indemnity

    In October 2022 the Privy Council finally handed down judgment in the Z Trust (II) appeals (ETJL v Halabi; ITGL v Fort Trustees [2022] UKPC 36).
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Competition Law In Jersey – The Royal Court Considers Alleged Abuse Of A Dominant Position For The First Time

    In ATF Overseas Holdings Limited v The Jersey Competition and Regulatory Authority [2018] JRC 004, the Royal Court has for the first time considered an appeal against a finding ...
    European UnionAntitrust/Competition Law
    Carey Olsen
    Carey Olsen
  • Article

    Case Update: Jersey Royal Court Clarifies The Scope Of Costs 'of And Incidental To' Proceedings

    The general rule is that legal costs follow the event, with the 'loser' being ordered to pay the 'winner's' legal costs. However, in more complex litigation, parties can (and often do) win and ...
    JerseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Court Of Appeal Puts The Record Straight: A New Test For Rectification Of Trusts In Jersey

    In B and C v Virtue Trustees (Switzerland) AG and Ors re The C Trust [2018]JCA219 the Court of Appeal considered the rectification of the terms of a Jersey law declaration of trust
    JerseyCorporate/Commercial Law
    Ogier
    Ogier
  • Showing 101–120 of 205 results

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