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  • Article

    Royal Court Revisits Pre Judgment Interest

    In the latest decision in the long-running Sheyko v Consolidated Minerals Limited litigation[1], the Royal Court has revised its approach to awards of pre judgment interest.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Shedding Light On Jersey's New Planning Appeal System

    Jonathan Hughes, Head of Ogier's Property Law Group and Ogier's Local Legal Services team, caught up with Claire Smith, Principal Planning Lawyer at Ogier, and Michael Stein, Director of MSPlanning, to discuss Jersey's new planning appeal system…
    JerseyReal Estate and Construction
    Ogier
    Ogier
Article

Jersey Royal Court Clarifies And Affirms The Jersey Test For Rectification

In the recent decision of The Representation of Vistra Fiduciary Limited [2022] JRC 164, the Royal Court moved away from the Court of Appeal's preferred test for rectification of a trust instrument set out in...
JerseyTax
Ogier
Ogier
  • Article

    Developing Cross-Bailiwick Restructuring Laws: The Guernsey And Jersey Royal Courts Sanction Cross-Border Pooling Of Assets And Liabilities Of Insolvent Companies

    This is the first time the Guernsey Court has considered and granted such an order, which has allowed a procedure which, on its face, would appear to contradict basic principles...
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Unfair Prejudice Applications: Be Careful Who You Bring To The Party

    The recent judgment of the Royal Court of Jersey in Pender v GHH (Jersey) Ltd & Ors [2019] JRC228 has provided important guidance on the approach to be taken when joining parties to
    JerseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    In Another Hemisphere: State Immunity In Jersey And Elsewhere Since FG Hemisphere Associates LLC

    The mere fact of being owned by a sovereign state does not give a Jersey company "sovereign immunity" from legal proceedings.
    JerseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Interim Injunctions In Jersey: American Cyanamid Plus

    In Jersey, the primary test for obtaining an interim injunction (which is different to a freezing injunction) was established by the House of Lords in American Cyanamid Co v Ethicon Limited...
    JerseyLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Objectively Speaking – Jersey Confirms Its Stance On Contractual Formation

    A recent decision of the Royal Court has held that, when determining whether or not parties have consented to entering into a contract, and, if so, on what terms...
    JerseyLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Invalid Appointments Of Protectors And Trustees: The Jersey Royal Court Provides Fresh Guidance

    The Royal Court of Jersey has recently provided important guidance in relation to the circumstances in which the Court may hold the exercise of a fiduciary power to be invalid.
    JerseyWealth Management
    Appleby
    Appleby
  • Article

    Variations Of Jersey Trusts: Relevance Of Settlors' Views And Public Policy

    The Royal Court of Jersey has recently approved variations of two trusts established by a late Settlor whereby the beneficial class of each trust was to be widened beyond the parameters that the Settlor had set out during his lifetime.
    JerseyWealth Management
    Carey Olsen
    Carey Olsen
  • Article

    Should I Stay Or Should I Go: Removal Of Trustees

    In the recently reported case of the Representation of Rawlinson & Hunter Trustees SA and Others [2018] JRC 131 Commissioner Clyde-Smith considered applications by former and current trustees in respect...
    JerseyCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    Civil Penalties - Jersey Takes Action

    In July 2019, the Jersey Financial Services Commission (JFSC) imposed its first financial penalty in the sum of £381,010. Civil penalties were introduced to Jersey in 2015...
    JerseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Foundations And Grounds For Mistake: Significant New Judgment For The Channel Islands

    In its recent decision in the case of B and C v D, E, F and others JRC 169, the Royal Court of Jersey has considered whether a Jersey law foundation and endowments made to such a foundation can be set aside ab initio on the grounds of mistake.
    JerseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Untangling The Webb - An Offshore Perspective On The Privy Council Case Of Webb v Webb

    In a recent decision the Privy Council has had the opportunity to consider the circumstances under which a trust may be declared invalid due to the reservation of powers by its settlor.
    JerseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    The Extent Of The Royal Court Of Jersey's Power 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's statutory jurisdiction to set aside the exercise of fiduciary powers was used to set aside the appointment of new trustees by a settlor.
    JerseyCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    Quincecare: Clarified And Confined

    The Supreme Court last week handed down its much-anticipated judgment in Philipp, clarifying the rationale and scope of the duty established in Barclays Bank...
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    A Funny Thing Happened On The Way To The Forum

    The Jersey Court of Appeal ("Leeds United Football Club Limited v Weston and Levi" [2012] JCA 083) has confirmed the Royal Court’s ruling ([2011] JRC 185) that there is a clear distinction between challenging the jurisdiction of the Jersey court and seeking a stay in favour of a more appropriate forum.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    English Court Of Appeal Decision Arguably Results In Higher Burden For Trustees Of Jersey-Law Trusts

    A recent decision of the English Court of Appeal appears to have introduced a difference of approach between the UK and Jersey in relation to an issue which is important to trustees...
    JerseyCorporate/Commercial Law
    Oben Law
    Oben Law
  • Article

    Royal Court Provides Guidance To Jersey Trustees Involved In Foreign Divorce Proceedings

    The judgments in the Representation of HSBC International Trustee Limited [2011] JRC 167 and [2014] JRC 254A address important questions.
    JerseyCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    Trust Essentials: July 2022

    As the requirements (and subsequent disputes) of HNW individuals and families continue to increase in complexity, courts across our jurisdictions are frequently seeing cases that are establishing new...
    JerseyCorporate/Commercial Law
    Ogier
    Ogier
  • Showing 161–180 of 206 results

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