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  • Article

    Have You Recently Become A Bank Account Fraud Victim?

    There is no doubt that the incidences of bank account fraud are on the rise. In 2023 UK Finance reported 116,324 cases of push payment fraud where a payer is deceived or defrauded into authorising a payment...
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Jersey Pre-Action Disclosure Orders:- Discovery As To Fraud Methodology

    This is Jersey’s first substantive Court of Appeal judgment on disclosure orders against third parties applying the Jersey approach to the legal principle which arose in the English case of Norwich Pharmacal –v- Customs & Excise (1974).
    JerseyLitigation, Mediation & Arbitration
    Carey Olsen
Carey Olsen
  • Article

    Limits On Legal Professional Privilege

    The High Court has recently restricted the ability to rely on privilege. Although SFO -v- ENRC is an English authority, Jersey generally follows English principles of privilege.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    10 Reasons Why Public Register Arguments Are Flawed

    The end of October marked five years since former UK PM David Cameron announced plans for the UK to adopt a public register of beneficial ownershi
    JerseyStrategy
    Jersey Finance Limited
    Jersey Finance Limited
  • Article

    When Is A Fraud On A Power Actually A Fraud?

    Fraud on a power is a well-established trust doctrine and one that crops up frequently in contentious trust applications both onshore and offshore.
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    The Judicial Committee Of The Privy Council Confirms The Existence Of "Backwards Tracing"

    The doctrine of tracing involves rules by which to determine whether one form of property interest is properly to be regarded as substituted for another.
    JerseyCriminal Law
    Walkers
    Walkers
  • Article

    Back Where It Belongs

    The Kenya agreement is an encouraging example of such fruits being returned to their rightful owners.
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Injunctions In Fraud Claims: Should Banks Always Get Their Costs?

    Should financial institutions be reimbursed for the costs incurred by assisting victims of fraud?
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Suspicious Activity - The Dilemma Continues

    Issues arising from the filing of Suspicious Activity Reports ("SARs") under the Proceeds of Crime (Jersey) Law 1999 ("the 1999 Law") simply will not go away, and the Royal Court (in Gichuru v. Walbrook [2008] JRC 068) has again recently sought to provide yet further clarity in this area.
    JerseyWealth Management
    Appleby
    Appleby
  • Article

    Accounting For Bribes: A Jersey Update

    The law in Jersey relating to the consequences of receiving a bribe has been recently clarified in the case of Lloyds Trust Company (Channel Islands) Limited v Fragoso and Others [2013] JRC 211 concerning a Jersey trust known as the Rex Trust.
    JerseyCriminal Law
    Appleby
    Appleby
  • Article

    Business Crime 2017 Briefing

    What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Perils And Pitfalls Of Directing A Jersey Energy Company

    Over the past 10 years the number of energy and natural resources companies establishing a head office in Jersey has grown considerably.
    JerseyEnergy and Natural Resources
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    I Certify This Is A True Likeness And Copy…

    To protect against fraud, money laundering and terrorist financing, the finance industry obtain key customer details known as Customer Due Diligence (CDD) before engaging in business.
    JerseyTechnology
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    UK Criminal Finances Bill

    I am writing to update you on the progress of the Criminal Finances Bill through the UK Parliament, which includes amendments concerning the creation of public registers in the UK's Crown Dependencies and Overseas Territories
    JerseyWealth Management
    Jersey Finance Limited
    Jersey Finance Limited
  • Article

    Cyberfraud – Why Businesses Need To Be Prepared

    The risks posed by ‘traditional' forms of fraud (undertaken by dishonest employees or directors diverting funds from client accounts) will always be of concern to financial services businesses.
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Private Prosecution In Jersey – The Way Forward?

    It has been reported in the United Kingdom that public resources are so stretched that police officers have attended the scenes of crime by bus.
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Crown Dependencies Issue APP Fraud Framework

    The Crown Dependencies' regulators have jointly proposed a coordinated framework to combat authorised push payment fraud, where criminals deceive victims into transferring money under false pretences. The framework addresses prevention measures, customer protection standards, and reimbursement regimes while diverging from UK and EU approaches by not implementing inter-bank cost sharing. Financial institutions operating across Jersey, Guernsey, and the Isle of Man will need to enhance their fraud detection s
    JerseyFinance and Banking
    Walkers
    Walkers
  • Article

    Cayman Directors Blog Series: Responding To Fraud Or Alleged Fraud In Your Fund

    Fraud is rare, but it happens; and when it does it is likely to be as unexpected as it is unwelcome.
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    The Cost of Failing to Know Your Client

    With increasing regulation and tougher penalties, KYC (Know Your Client) has been central to financial services industry compliance standards for many years. However, with several recent high profile cases in the media, once again, this is a hot topic of conversation.
    JerseyWealth Management
    Appleby
    Appleby
  • Article

    Disclosure: A Guide To Seeking Norwich Pharmacal Orders

    A Norwich Pharmacal Order (NPO) is a disclosure order which allows information to be obtained from third parties who have become ‘mixed up' in wrongdoing, helping individuals to investigate,...
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Showing 21–40 of 80 results

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