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  • Article

    Funds Quarterly Legal And Regulatory Update - 1 April 2017 To 30 June 2017

    In June 2017, the Government of Jersey published a survey inviting local businesses from all industries to provide their views on Brexit and the potential impact it might have on them.
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Is There A Requirement To Prove Property Derived From Crime To Prosecute An Offence Of Money Laundering?

    This case has brought to the fore a very interesting question in the field of money laundering. The issue at stake was the following: in relation to the laundering offence contained in section 93C(2) of the Criminal Justice Act 1988 and section 49(2) of the Drug Trafficking Act 1994 (the "Acts"), is there a requirement for the prosecution to prove that the property being converted is in fact the proceeds of crime?
    JerseyCriminal Law
Baker & Partners LLP
Baker & Partners LLP
  • Article

    Blurred Lines: The Shifting Position Between Lawful Tax Avoidance & Unlawful Tax Evasion

    The traditional attitude to tax avoidance is encapsulated in the judgment of Lord Tomlin in the English case of IRC v Duke of Westminster (1936)
    JerseyWealth Management
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    The Shifting Position Between Lawful Tax Avoidance & Unlawful Tax Evasion

    Whether this principle has survived in practice into the present era is a matter of speculation.
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    New EU Market Abuse Regime And Listing Debt Securities On The International Stock Exchange (TISE, Formerly Known As The Channel Islands Securities Exchange Or CISE)

    Regulation 596/2014 on market abuse (MAR) and Directive 2014/57/EU on criminal sanctions for market abuse (CSMAD, together with MAR, the New EU Market Abuse Regime) apply in EU Member States from 3 July 2016.
    JerseyFinance and Banking
    Ogier
    Ogier
  • Article

    The Covid-19 Balancing Act For Regulated Businesses In Jersey And Guernsey

    Covid-19 is here to stay, and with it a change in the way that we work. Driven by policy decisions by health authorities or employers, or by the preferences of individuals, we need to recognise that...
    JerseyGovernment, Public Sector
    Walkers
    Walkers
  • Article

    JSC BTA Bank v Khrapunov: UK Supreme Court Decision Could Have A Ripple Effect In Jersey

    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.
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Arrest Without Reason: Jersey And Guernsey's Anti-money Laundering Laws And The Trial That Never Ends

    Jersey and Guernsey's anti-money laundering laws have created a Kafkaesque system where bank accounts can be frozen indefinitely based on mere suspicion, without judicial oversight or time limits. This article examines how compliance officers' concerns can trap account holders in a legal limbo, and explores the emerging 'private law action' that offers a potential escape route through the courts.
    JerseyCriminal Law
    Collas Crill
    Collas Crill
  • Article

    Fraud In The Sub Line Market – Should We Be Concerned?

    In recent weeks, news of the JES Global Capital fraud committed by fund manager Elliot Smerling has come to light.
    JerseyFinance and Banking
    Appleby
    Appleby
  • Article

    The Right Of Privilege Against Self-Incrimination: Volaw v Comptroller Of Taxes

    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...
    JerseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Overview Of Fraud In The Channel Islands

    As a leading international finance centre, Jersey has sophisticated and robust measures to prevent, identify and remedy fraud. The Jersey Court has consistently and repeatedly sent a clear message...
    GlobalInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    Jersey's Deferred Prosecution Agreements Law: The Practical Implementation And Attorney General's Guidance

    Ogier partner James Angus advised, in consultation with the Government of Jersey, on the form and ambit of the Criminal Justice (Deferred Prosecution Agreements) (Jersey) Law.
    JerseyCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    The Winner Takes It All: Priorities Between Directors, Companies And Third Parties When Directors Breach Their Duties

    If the directors of a company defraud its customers, the proceeds can belong to the company. This is what the Supreme Court decided in Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49...
    JerseyCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    In Your Court: Offshore Dispute Resolution Review - October 2022

    As the macro-environment continues to be volatile and we see growing economic instability across the globe, we can expect to see an accompanying rise
    GlobalLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Lobster Baron's Millions Caught In The Net

    A recent judgment[1] of the Royal Court casts light on the Island's conviction-based confiscation regime at a time when the States of Jersey is busy sharpening the claws of Jersey's investigatory...
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Channel Islands Funds Quarterly Legal And Regulatory Update - 1 July 2017 To 30 September 2017

    Following the Petya/NotPetya ransomware attacks which took place at the end of June...
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Anti-Bribery And Corruption

    To combat bribery and corruption, Jersey has enacted domestic legislation known as the Corruption (Jersey) Law 2006 (the Corruption Law), which came into force in March 2007.
    JerseyCriminal Law
    Appleby
    Appleby
  • 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

    The Bribery Act 2010 – Its Provisions And Implications

    The UK's new Bribery Act has been long in the making. After much debate and speculation, sometimes informed and sometimes not, it is to come into force later this summer, namely on 1 July 2011.
    JerseyWealth Management
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    In The Ring, Round 1: Transparency v Right To Confidentiality

    In a series of 3 articles (Rounds 1 to 3), we explore Jersey's approach to the concept of transparency in respect of beneficial ownership information.
    JerseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Showing 41–60 of 80 results

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