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  • 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
  • Article

    In Pursuit Of Protection

    The precise role of a protector in relation to discretionary trusts has been difficult to identify and there was, until recently, little judicial authority on the nature of a protector's duties particularly...
    JerseyLitigation, Mediation & Arbitration
    Appleby
    Appleby
Article

Is Leave Required To Appeal A Refusal To Set Aside A Statutory Demand?

In the recent Eastern Caribbean Court of Appeal (CoA) decision in BEC Limited v A2 and A1[1] the CoA clarified the position concerning whether a High Court judge's refusal to set aside...
JerseyLitigation, Mediation & Arbitration
Collas Crill
Collas Crill
  • Article

    Landmark Decision Reached On The Validity Of Litigation Funding In Jersey

    Commercial litigation has a reputation for being expensive and uncertain and is something which some clients may make a conscious decision to avoid.
    JerseyWealth Management
    Bedell Cristin
    Bedell Cristin
  • Article

    Representation Of The Z Trusts

    Mrs C ("Mrs C") established eight Z Trusts of which Equity Trust (Jersey) Limited ("Equity") was the original trustee.
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Testing Jersey's Firewall: In The Matter Of The R Trust [2015] JRC267A

    Mr B and his former wife (Mrs B) had been involved in divorce proceedings in England, as a result of which there had been a division of the matrimonial assets ordered by the English Family Court.
    JerseyCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Drelle vs HWA - Diverging Approaches In England And Jersey

    The English Court of Appeal in Servis-Terminal LLC v Drelle (Drelle) held that a creditor cannot bring a bankruptcy petition in England and Wales on an unpaid foreign judgment that has not been recognised...
    JerseyInsolvency/Bankruptcy/Re-Structuring
    Walkers
    Walkers
  • Article

    A Tour Of Judicial Decision-making: The "Easter Egg" In O'Driscoll v Clayton (Junior) [2025] EWHC 2607 (Ch)

    At first sight the subject matter of O'Driscoll v Clayton would not appear to be ripe territory for a legal briefing on Channel Islands dispute resolution and employment law.
    JerseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Channel Islands Update: Effectiveness Of Anti-Bartlett Clauses Confirmed

    The Hong Kong Court of Final Appeal (Court of Final Appeal) has delivered its highly anticipated judgment in Zhang Hong Li and others v DBS Bank (Hong Kong) Limited and others (DBS Case).
    JerseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Jersey's Planning Appeal System: A Survival Guide

    The process of making a planning appeal in Jersey can be complex and the deadlines are strict, so early instruction of your consultants and lawyers is essential.
    JerseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • 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

    Litigation Funding In Offshore Jurisdictions – Funding In Jersey And Guernsey

    There is Jersey case law which clearly shows that, in principle, commercial litigation funding is permitted.
    JerseyLitigation, Mediation & Arbitration
    Vannin Capital
    Vannin Capital
  • Article

    Constructive Trusts And Immovable Property – English High Court Grapples With A Vexed Question Of Jersey Law

    In the recent decision of The Serious Fraud Office & Anor v Litigation Capital Limited & ors [2021] EWHC 1272 (Comm), the English High Court has ruled that it is not possible to have a...
    JerseyReal Estate and Construction
    Ogier
    Ogier
  • Article

    Recent Mistake Cases In The Jersey Court – Where Did It All Go Wrong?

    The Royal Court of Jersey has recently provided two helpful judgments in the area of Jersey's mistake law: In the Representation of P and Others [2021] JRC 157 and In the matter of the Representation...
    European UnionTax
    Walkers
    Walkers
  • Article

    Variety Is The Spice Of Life: Recent Cases At The Jersey Royal Court

    The Royal Court in Jersey has a varied and challenging workload.
    JerseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    The Royal Court Of Jersey Clarifies Its Powers To Ratify Actions Of Invalidly Appointed Trustees

    In the recent decision of In the Matter of the Z Trust [2016] JRC 048, the Royal Court of Jersey considered an application to set aside the appointment of trustees under recently enacted provisions in the Trusts (Jersey) Law 1984.
    JerseyCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    Ariel v Halabi And HMRC: Jersey Court Of Appeal Considers Comity In Cross Border Insolvency Cases

    The Royal Court's decision releasing the trustee from the restrictions that had been imposed on him was fully considered in Carey Olsen's briefing note.
    JerseyInsolvency/Bankruptcy/Re-Structuring
    Carey Olsen
    Carey Olsen
  • Article

    Tantular: The Final Chapter

    The long running dispute in the Tantular litigation has finally reached the Privy Council and some crucial questions about the interaction between Jersey trusts...
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Costs In Trust Proceedings - Further Royal Court Guidance Where Fiduciary Powers Not Validly Exercised: In The Matter Of The Piedmont Trust And The Riviera Trust [2016] JRC016

    The Royal Court's judgment in 2015 In the Matter of the Piedmont Trust and In the Matter of the Riviera Trust provided guidance with regard to the exercise of fiduciary powers of appointment...
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Effectiveness Of Anti-Bartlett Clauses Confirmed Following Overturned Judgment – A Channel Island Perspective

    The Hong Kong Court of Final Appeal (Court of Final Appeal) has delivered its highly anticipated judgment in Zhang Hong Li and others v DBS Bank (Hong Kong)
    JerseyCorporate/Commercial Law
    Collas Crill
    Collas Crill
  • Showing 121–140 of 206 results

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