ArticleAdducing Fresh Evidence In Judicial ReviewBedell 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 & ArbitrationBedell Cristin
ArticleNew Judgment Clarifies Use Of Tech In E-Discovery Exercises In JerseyFor 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 & ArbitrationWalkers
ArticleThe Extent Of Legal Privilege In Regulatory InvestigationsIn 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 & ArbitrationOgier
ArticleThe Extent To Which Privilege Can Be Maintained Over Communications With RegulatorsIn 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 & ArbitrationOgier
ArticleObtaining Evidence In Jersey Or Guernsey For Use In Foreign ProceedingsWe 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 & ArbitrationWalkers
ArticleNo Fishing Here – Letters Of Request And How To Use ThemDiscovery, as it is still known in Jersey, is generally limited to the parties involved in the particular dispute before the court. GuernseyWealth ManagementAppleby
ArticleFurther Developments In Legal Privilege: Lessons For JerseyFollowing 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 & ArbitrationOgier
ArticleOligarch's Lawyer Forced To Reveal Whereabouts Of Multi-Million Pound Art CollectionIn 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 & ArbitrationBaker & Partners LLP
ArticleBilta 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 & ArbitrationBaker & Partners LLP
ArticleLimits On Legal Professional PrivilegeThe 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 & ArbitrationBaker & Partners LLP
ArticleArpettaz - Factors For Consideration In Applications For Beddoe ReliefThe 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 & ArbitrationWalkers
ArticleSFO 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 & ArbitrationBaker & Partners LLP
ArticleDisclosure In The Digital EraIt is important not to be put off by the size of the task and the sheer volume of material. GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleCards On The Table: A Brief Guide To The Discovery Process In JerseyDiscovery (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 ManagementAppleby
ArticleAt A Glance Guide To Legal Privilege And InvestigationsEvery regulated business should take the time to consider its policies and procedures around internal investigations.GuernseyLitigation, Mediation & ArbitrationOgier
ArticleJersey Court Decision In Beddoe Application May Have Implications For Statutory FirewallPrivate 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 & ArbitrationCollas Crill
ArticleInjunctive 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 ManagementAppleby
ArticleFreezing Injunctions And EnforcementIn 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 & ArbitrationCarey Olsen
ArticleIn Your Court: Offshore Dispute Resolution Review - March 2019The Ogier team continues to be at the forefront of industry developments.GuernseyLitigation, Mediation & ArbitrationOgier
ArticlePrivilegeThe obligation to disclose, or "discover", documents during the litigation process is a necessary, albeit burdensome part of the litigation process. GuernseyLitigation, Mediation & ArbitrationCollas Crill