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  • Article

    Court Questions Its Willingness To Assist Aggressive Tax Avoidance Schemes Through The Use Of Rectification

    In the matter of the Representation of IFM Corporate Trustees Limited v Helliwell and Mountain[2015] JRC160 the Royal Court of Jersey was asked to exercise its discretion to make an order for rectification.
    JerseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Court Takes Another Step To Facilitating Speedy Recovery Of Legal Costs

    Access to justice and the costs of litigation are items high on the agenda for the States, the judiciary and the legal profession and are currently the subject of review and consultation.
    JerseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Jersey Court Rescues A Charitable Trust Mixed With Private Purpose (In Re Estate Of Constantin Mattas)

    LexisNexis has published an article by Fritha Ford and Bradley Gibb on the judgment by the Royal Court in Jersey in Representation of Equiom Trust (CI) Ltd re Estate of Constantin Mattas.
    JerseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Overruled: Court Of Appeal Sets New Test For Permission To Appeal Applications In Jersey

    The Court of Appeal in Jersey has set a new test for permission to appeal from all future decisions of the Royal Court in civil proceedings.
    JerseyLitigation, Mediation & Arbitration
    Bedell Cristin
    Bedell Cristin
  • 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.
    JerseyLitigation, Mediation & Arbitration
    Bedell Cristin
    Bedell Cristin
  • 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

    Enforcement Of Judgments In Jersey Guide | Global Legal Post

    Baker & Partners' Jersey team contributes to the inaugural Global Legal Post Enforcement of Judgments Guide, offering practical insights into cross-border dispute resolution and judgment enforcement across multiple jurisdictions. The comprehensive guide examines Jersey's evolving enforcement framework, from traditional customary law remedies to modern creditor-friendly procedures, providing essential guidance for practitioners navigating international recovery proceedings.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Jersey Pre-Action Disclosure Orders:- Discovery As To Fraud Methodology

    This is Jersey’s first substantive Court of Appeal judgment on disclosure orders against third parties applying the Jersey approach to the legal principle which arose in the English case of Norwich Pharmacal –v- Customs & Excise (1974).
    JerseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    ABC v The Minister For Health & Social Services And The States Employment Board

    The Court has recently decided for the first time in Jersey in ABC v The Minister for Health & Social Services and The States Employment Board that a parent does not have a private cause of action arising from a breach of the Children (Jersey) Law 2002.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    New Law Made On Enforcing Judgments In Jersey

    The recent judgment of Jersey’s Royal Court in “Brunei Investment Agency and Bandone v Fidelis and others” [2008] JRC 152 has significantly extended its inherent jurisdiction to enforce foreign judgements in Jersey.
    JerseyWealth Management
    Appleby
    Appleby
  • 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

    Changes To Jersey Civil Procedure

    On 1 June 2017 a set of amendments to the Royal Court Rules (the Rules), together with 11 new Practice Directions, came into force in Jersey.
    JerseyLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • 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...
    JerseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Guide To Freezing Orders In Jersey

    A freezing order (sometimes referred to as a freezing injunction) is an interim measure granted by a court to prevent a person from being able to dispose of or deal with their assets before a judgment has been enforced.
    JerseyLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Creditor v Beneficiary Enforcement Actions Against Interests Under Jersey Trusts

    Can a creditor enforce a judgment debt against the interests of a beneficiary under a Jersey discretionary trust?
    JerseyLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Representation of Pringle, Fleming and Burnett – yet another nail in the coffin for désastre?

    A recent judgment of the Royal Court has reinforced the wide nature of the court's jurisdiction to order a just and equitable winding up of an insolvent company whilst underlining the court's apparent distaste for désastre in the context of corporate insolvency.
    JerseyCorporate/Commercial 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

    Freezing Orders: Another Cautionary Tale

    An ex parte application places a weighty burden upon the court hearing it. This is why the applicant has a duty to make full and frank disclosure of material which both assists and/or hinders their case.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    A Simple Guide To Jersey Probate And Estate Administration Following A Bereavement

    When a loved one passes away in Jersey, understanding the legal distinction between movable and immovable property is crucial for proper estate administration. This guide walks through the essential steps from locating Wills and obtaining death certificates to navigating probate requirements and avoiding the criminal offence of intermeddling.
    JerseyFamily and Matrimonial
    Carey Olsen
    Carey Olsen
  • Article

    AI And The Courts: Cautions From Offshore

    The Channel Islands courts have issued cautionary guidance on the use of artificial intelligence in litigation, emphasizing that all parties bear personal responsibility for ensuring AI-generated legal materials are accurate and not misleading. Recent judgments from Guernsey and Jersey highlight the risks of AI hallucinations and stress the duty owed to courts to verify the authenticity of cited cases and legal authorities.
    JerseyLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill

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