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  • 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

    Jersey Royal Court Blesses The Momentous Decision Of The Representative Of Minor And Unborn Beneficiaries To Settle Claims Against A Trust

    In its recent decision in the Matter of the A Trust and the B Trust [2021] JRC 019, the Royal Court considered for the first time the blessing of a momentous decision of a Court-appointed...
    JerseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
Article

Invalidity Of Protector Appointments

The Royal Court of Jersey has recently provided important guidance as to when the Court may hold the exercise of a fiduciary power to be invalid and in so doing has delivered the first judgment...
JerseyWealth Management
Appleby
Appleby
  • Article

    Trust Essentials - October 2018

    The Royal Court of Jersey, in the recently handed down judgment in M v W Limited and Others, has provided useful guidance for trustees in circumstances, outside the context of discovery ...
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Jersey Court Of Appeal Clarifies What's Needed For Rectification Of A Trust

    In December 2018 the Jersey Court of Appeal issued a judgment which has clarified the test for rectification of a trust, with some corresponding criticism of the rationale in the Royal Court's original decision...
    JerseyLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Increasing Flexibility And Use Of Jersey Court-Sanctioned Banking Business Transfers

    The Banking Business (Jersey) Law 1991 (Banking Law) allows Jersey banking business (technically deposit-taking business) to be transferred from one licensed bank to another by means of a court-sanctioned scheme.
    JerseyWealth Management
    Appleby
    Appleby
  • Article

    No Alternative: When May A Trustee Surrender Its Discretion To The Court?

    In the matter of the Y Trust, Royal Court Reported Judgment 25 March 2015.
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Opening The Door To Enforcing Nonmonetary Judgments

    The common law restriction on enforcing nonmoney judgments (Rule 35(1) of Dicey Morris & Collins) ("Dicey") has been amended in Jersey.
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Representation Of Hawksford Jersey Limited re H Trust

    The Trust has only one material asset.
    JerseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Royal Court Of Jersey Confirms Existence Of Trustee’s Equitable Lien

    A former trustee’s equitable lien is separate from any contractual right to an indemnity a former trustee may have under a deed of retirement of trustees.
    JerseyCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • 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

    What's More Important; Business Or Home?

    When a marriage breaks down and one party issues divorce proceedings it can be a difficult time for everybody involved.
    JerseyFamily and Matrimonial
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Civil Asset Recovery In Action: Two's A Party; Three's A Crowd!

    General Mohammed Abacha, President of Nigeria from 1993 to 1998, stole millions of dollars of Nigerian public money when in power.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Fact Or Fiction: The Doctrine Of Fictional Fulfilment In Jersey Contract Law

    The doctrine of fictional fulfilment works so that where parties enter into a contract subject to a condition precedent and that condition precedent fails, because one of the parties has caused it to fail...
    JerseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Letter From America: Jersey's Royal Court Orders Trust Information To Be Revealed Under A Letter Of Request

    Will a Jersey trustee be compelled to reveal otherwise confidential trust information to a foreign court where that foreign court issues a letter of request asking for the information?
    JerseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Litigation Funding In Jersey

    The recent case of Barclays Wealth Trustees Limited as trustee of the R2R Bulgaria Property Fund & Others v Equity Trust Limited & Others [2013] JRC094 provides further clarification as to the position of third party litigation funding in Jersey.
    JerseyLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Representation Of Wilkes And Wilkes [2015] JRC 200

    The latest application dealing with the law of mistake has been decided by the Jersey Royal Court.
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    GBP 2million Fine For Contempt Of Court: The Jersey Royal Court Issues Stark Warning To Litigants

    The Jersey Court has shown that it continues to expect, and if necessary will demand, compliance with its orders.
    JerseyLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Jersey Royal Court Concludes There Is No Substratum Rule That Applies To Jersey Trusts

    The Royal Court has recently clarified the Jersey law position of whether a trust is able to lose its substratum.
    JerseyCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Open Season v Shivers Of Fear: Wyatt v Vince

    You are divorced. You thought it was over and then you hear the names "Wyatt" and "Vince"; does a shiver run down your back or do you throw a party and go to see a family lawyer?
    JerseyFamily and Matrimonial
    Baker & Partners LLP
    Baker & Partners LLP
  • Showing 81–100 of 205 results

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