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The relevant principles relating to the appearance of apparent bias on behalf of a trial judge are well settled in English law, and were most recently applied by the Jersey Courts in the matrimonial case of O’Brien v. Marett & Ors [2007] JRC 236 in which the Third Party sought to have the presiding judge, the Bailiff, recuse himself in these proceedings.

Is there a form of equitable lien in Jersey which a former trustee can claim over trust property held by the current trustee?

Previous case law has found that "benefit" for the purposes of Article 47 is to be construed widely and is not limited to financial interests.

For the first time in around 40 years, Jersey's Viscount looks likely to be recognised by the English High Court to administer a major cross-border insolvency case.

Seven years after he was sentenced to prison for 150 years for frauds worth an estimated $65 billion, the legal repercussions of the Bernie Madoff prosecution rumble on.

There are two somewhat unusual elements to this case, namely the blessing of the decision of the trustee to submit to the jurisdiction of an overseas divorce court, and of the decision to exclude the wife as a beneficiary.

In its judgment of 19th September 2016 in In the matter of D, E and F Trusts [2016] JRC 166C, the Royal Court applied, for the first time, the statutory mistake provisions embodied in Article 47E of the Trusts (Jersey) Law 1984.

The recent Court of Appeal case of Mubarik v. Mubarak [2009] JCA 016 has highlighted, for perhaps the first time in recent years, that where a party considers that the opposition’s advocate has inadequately prepared for trial, and has been generally sloppy in his approach to the litigation, then it is entitled to make an application for a wasted costs order personally against that advocate.

The decision of the Royal Court in Hong Kong Foods Limited and Another v Robin Hood Curry Limited and Another has brought much needed clarity to the law on misrepresentation...

On 22 November 2019, the Hong Kong Court of Final Appeal allowed an appeal and overturned the decision in Zhang Hong Li and others v DBS Bank (Hong Kong) Limited and others [2019] HKCFA 45.

Private Client analysis: This long-running fraud case illustrates the difficult task that the Channel Island courts sometimes have in comparing and distinguishing between ...

In an interesting recent English Court of Appeal decision, Partington v Rossiter [2021] EWCA Civ 1564, the Court determined that where an English will was expressed...

I often hear these comments when dealing with the disclosure of assets as part of the financial settlement in a divorce.

Costs orders in a party’s favour are, of course, always welcome (by that party). The taxation process, however, can be long and involved; on occasion potentially resulting in a party having to wait many months to recover monies due to it pursuant to a costs order.

19-year-old Zara Holt is spending her summer working alongside lawyers in our Jersey office as part of our legal bursary scheme which supports the next generation of legal professionals through work placements...

There have been significant developments in the United Kingdom during the past two decades in the funding of commercial litigation.

In a recent decision of the Deputy Bailiff, In Re Blackberry Trust [2023] JRC156 the Royal Court of Jersey has taken the relatively unusual step of depriving a professional trustee of a significant ...

In Representation of the Z Trusts [2015] JRC 196C, the Royal Court has provided guidance on the underlying principles relevant to "insolvent" trusts.