206 results found

'Without prejudice' privilege (WPP) is a valuable tool for parties who are genuinely trying to settle a dispute out of court. As the Royal Court noted in Kilbey v Grafters Limited [2015]...

In JSC BTA Bank v Khrapunov the UK Supreme Court ("UKSC") has provided a stir of excitement for civil fraud practitioners which will, no doubt, sustain many conference speeches over the coming months.

Can a creditor enforce a judgment debt against the interests of a beneficiary under a Jersey discretionary trust?

This case dealt with two points, both of which have come before the Royal Court before: both points however, are of general interest and are therefore worth restating.

The Royal Court of Jersey has considered the so-called substratum rule and concluded that no such rule exists in Jersey law.

In the matter of the Representation of IFM Corporate Trustees Limited [2015] JRC 160: An interesting case concerning the rectification of a Trust.

The vexed question (still unresolved by the Jersey courts) as to the correct limitation period under Jersey law for bringing a claim against a director of a Jersey company for a breach of his statutory...

The UK FCA's decision to impose a £102 million fine on a firm underscores the crucial importance of complying with anti-money laundering requirements.

The Court of Appeal of Jersey has held that a Jersey statutory provision is not compatible with a human right protected by the European Convention on Human Rights.

There are three judgments of the Court relating to the ongoing administration of a group of eight inter-connected family trusts, of which the ZII Trust and the ZIII Trust are insolvent.

An ex parte application places a weighty burden upon the court hearing it. This is why the applicant has a duty to make full and frank disclosure of material which both assists and/or hinders their case.

A recent Privy Council decision relating to long-running Jersey proceedings (Volaw –v- Comptroller of Taxes [2019] UKPC 29) provides clarification on the extent to which a party to an action may resist disclosure notices...

In an important case for trustees, protectors and beneficiaries, the Royal Court of Jersey has ruled on the scope of a protector's power to consent to or to veto a trustee's proposed...

Private wealth structures are not immune from insolvency. Here we examine the Jersey and Guernsey position from the trustee's perspective and consider the issues with which a trustee

Dr Alwitry (Dr A) is a consultant ophthalmologist. He applied for a job as consultant at the General Hospital and entered into a contract of employment in August 2012 with the States Employment Board.

If you are involved with a unit trust structure, and are in any way unsure of the legal nature of a unit trust, then you should read this article.

The Royal Court of Jersey has clarified the legal framework for obtaining freezing orders to prevent asset dissipation before and after judgment. While the legal test remains consistent across both stages, the evidential burden differs significantly, with post-judgment applications requiring lighter evidence when liability has been crystallised through a judgment or arbitration award.