206 results found

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".

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.

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...

In the recent case of In the matter of the Number 1 C Trust [2018] JRC 021, the Royal Court of Jersey provided a helpful reminder to trustees of Jersey law trusts to seek its judicial assistance at the earliest...

Foundations are a relatively new legal concept in Jersey having been introduced by the Foundations (Jersey) Law 2009.

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 ...

The International Covenant on Civil and Political Rights ("ICCPR") is a United Nations multilateral treaty which extends to Jersey.

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...

Every regulated business should take the time to consider its policies and procedures around internal investigations.

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.

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...

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 ...

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...

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.

For executors and administrators of estates it is important to have clarity as to the timeframes within which claims can be brought against the estate they are administering. Heirs and legatees...

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...

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 ...

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 ...