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  • Article

    Adducing Fresh Evidence In Judicial Review

    Bedell Cristin recently advised and acted for a Jersey company in respect of a challenge to a notice issued by the Comptroller of Income Tax in Jersey.
    GuernseyLitigation, Mediation & Arbitration
    Bedell Cristin
    Bedell Cristin
  • Article

    New Judgment Clarifies Use Of Tech In E-Discovery Exercises In Jersey

    For more than two years, parties to litigation in Jersey have been required to make "appropriate use of technology" to minimise the costs of e-discovery – now, for the first time since the introduction of a Royal Court...
    GuernseyLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    The Extent Of Legal Privilege In Regulatory Investigations

    In June 2015 the English High Court handed down its judgment in Property Alliance Group Limited (PAG) v Royal Bank of Scotland PLC (RBS) [2015] EWHC 1557 (Ch).
    GuernseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    The Extent To Which Privilege Can Be Maintained Over Communications With Regulators

    In June 2015 the English High Court handed down its judgment in Property Alliance Group Limited (PAG) v Royal Bank of Scotland PLC (RBS) [2015] EWHC 1557 (Ch).
    GuernseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Obtaining Evidence In Jersey Or Guernsey For Use In Foreign Proceedings

    We are seeing inquiries about the legal processes for obtaining evidence in Jersey or Guernsey for use in foreign proceedings – the processes in both Islands are similar, ...
    European UnionLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    No Fishing Here – Letters Of Request And How To Use Them

    Discovery, as it is still known in Jersey, is generally limited to the parties involved in the particular dispute before the court.
    GuernseyWealth Management
    Appleby
    Appleby
  • Article

    Further Developments In Legal Privilege: Lessons For Jersey

    Following the landmark English judgment in SFO v. ENRC [2018] EWCA Civ 2006 (as reported in our previous briefing), there have been two further significant judgments on litigation privilege.
    GuernseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Oligarch's Lawyer Forced To Reveal Whereabouts Of Multi-Million Pound Art Collection

    In common law jurisdictions such as England and Jersey, privilege is a fundamental principle of justice which enables a client to talk openly to his lawyer, secure in the knowledge that nothing he says will later be made public.
    GuernseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Bilta v RBS: Clarity On The Ambit Of Litigation Privilege?

    As we have discussed in our recent blogs, privilege is a corner stone of justice and can exist both within and outside of a lawyer client relationship.
    GuernseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • 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.
    GuernseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Arpettaz - Factors For Consideration In Applications For Beddoe Relief

    The Royal Court of Jersey has recently provided helpful guidance in relation to seeking approval for its decision to become involved in overseas litigation, and on related issues common in those...
    GuernseyLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    SFO v ENRC: Legal Professional Privilege Restored?

    In recent years, legal professional privilege has been the subject of many high profile appeals. Cases such as Bilta v RBS and Three Rivers (No 4) demonstrate the extent to which the position on what constitutes ...
    GuernseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Disclosure In The Digital Era

    It is important not to be put off by the size of the task and the sheer volume of material.
    GuernseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Cards On The Table: A Brief Guide To The Discovery Process In Jersey

    Discovery (as it is still known in Jersey) is arguably the most important stage in the court process whereby each party to a dispute is required to disclose to all other parties all those documents which are relevant to the proceedings and which they have in their "possession, custody or power".
    GuernseyWealth Management
    Appleby
    Appleby
  • Article

    At A Glance Guide To Legal Privilege And Investigations

    Every regulated business should take the time to consider its policies and procedures around internal investigations.
    GuernseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Jersey Court Decision In Beddoe Application May Have Implications For Statutory Firewall

    Private Client analysis: The Royal Court of Jersey has issued a judgment on a Beddoe application in which it blessed the decision of a trustee to submit to the jurisdiction of the...
    GuernseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Injunctive Relief – Post Judgment Or Pre-Judgment?

    In the recent case of “Africa Edge S.a.r.l –v- Incat Equipment Rental Limited and Others” [2008] JRC 175, the court considered an ex parte application to obtain a worldwide freezing injunction with accompanying worldwide disclosure requirements.
    GuernseyWealth Management
    Appleby
    Appleby
  • Article

    Freezing Injunctions And Enforcement

    In ongoing litigation in the English Commercial Court, ENRC NV ("ENRC") obtained summary judgment against Zamin Ferrous Limited ("Zamin", a Jersey company) on a counterclaim in June 2015...
    GuernseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    In Your Court: Offshore Dispute Resolution Review - March 2019

    The Ogier team continues to be at the forefront of industry developments.
    GuernseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Privilege

    The obligation to disclose, or "discover", documents during the litigation process is a necessary, albeit burdensome part of the litigation process.
    GuernseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill

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