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  • Article

    Is There A Requirement To Prove Property Derived From Crime To Prosecute An Offence Of Money Laundering?

    This case has brought to the fore a very interesting question in the field of money laundering. The issue at stake was the following: in relation to the laundering offence contained in section 93C(2) of the Criminal Justice Act 1988 and section 49(2) of the Drug Trafficking Act 1994 (the "Acts"), is there a requirement for the prosecution to prove that the property being converted is in fact the proceeds of crime?
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Economic Torts: Another Way To Pursue The Person Behind The Corporate Veil

    You provide goods or services to a company, but the company is unable to pay. You know that the person behind the company, who received the benefit of the contract, has the money to pay – and that he is responsible for the company being insolvent.
    JerseyCorporate/Commercial Law
Baker & Partners LLP
Baker & Partners LLP
  • Article

    JSC BTA Bank v Khrapunov: UK Supreme Court Decision Could Have A Ripple Effect In Jersey

    In JSC BTA Bank v Khrapunov the UK Supreme Court ("UKSC") has provided a stir of excitement for civil fraud practitioners which will, no doubt, sustain many conference speeches over the coming months.
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Mubarak v Mubarik - A Clarification Of Article 47 Of The Trusts (Jersey) Law 1984

    The notorious litigation in Mubarak v Mubarik may finally have come to a conclusion in the Jersey Court of Appeal decision on the 19 November 2008.
    JerseyWealth Management
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    The New BVI Companies Restoration Regime Under The Microscope

    On 17 October 2023 the British Virgin Islands (the "BVI") was removed from the European Union (the "EU") list of non-cooperative jurisdictions for tax purposes...
    British Virgin IslandsCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Employer's Liability For Personal Injury: Abreu v RS Reinforcements & CNR Construction

    A recent case before the Royal Court clarified important aspects of the law relating to Employer's liability for personal injury as well as the approach to apportionment of damages...
    JerseyEmployment and HR
    Baker & Partners LLP
    Baker & Partners LLP
  • 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

    Marking Your Own Homework: The Case For Independent Remediation And Verification

    The way an organisation responds to a regulatory crisis is often as important as the crisis itself. A thoughtful, transparent, and expertly led approach to verification...
    JerseyFinance and Banking
    Baker & Partners LLP
    Baker & Partners LLP
  • 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

    Changing The Status Quo An Interview With Partner Amy Benest

    Partner Amy Benest, an advocate at Baker & Partners, tells Emily Moore how valuing diversity can foster change within the legal sector.
    JerseyLaw Department Performance
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Money Laundering Typologies Booklet 2023

    Financial crime is constantly evolving and becoming more sophisticated and complex, meaning that new threats are regularly emerging for Jersey. As an International Finance Centre...
    JerseyGovernment, Public Sector
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Carlyle Capital v Conway: In The Line of Duty

    A recent judgment of the Guernsey Royal Court provides comprehensive guidance on the duties of directors. In Carlyle Capital Corp Limited (in liquidation) and ors v Conway and ors there is extensive consideration of the duties owed by a director to the company and the standard of care to be expected. The judgment will be of great interest to the wider offshore financial services market.
    JerseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Property Rights For Unmarried Cohabitants

    The Supreme Court of England & Wales recently affirmed in Jones v Kernott [2011] UKSC 53 the principles upon which the Courts in England & Wales may determine the beneficial interests of unmarried couples in their family home.
    JerseyFamily and Matrimonial
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Enforcing The Undertaking In Damages – New Developments In Jersey

    In Morelli v Morelli, the Royal Court of Jersey has for the first time ruled on the mechanism and approach by which an undertaking in damages, given pursuant to ex parte injunctive proceedings, is to be enforced.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Enforcement Of Foreign Arbitral Awards In The Cayman Islands

    The Cayman Islands implemented the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (otherwise known as the "New York Convention") via the Foreign Arbitral Awards Enforcement Act...
    Cayman IslandsLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Royal Court Explores Shareholder Remedies, Just & Equitable Winding Up, And Ratification Of Breaches By Directors

    What can you do if you think the sole director of the company you have a shareholding in has given away all its assets? Is a just & equitable winding up justifiable where there is uncertainty as to ...
    JerseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Impact Of The 2026 Civil Penalty Changes Implemented By The Government Of Jersey

    Major changes to the legislation empowering the Jersey Financial Services Commission (JFSC) to impose civil penalties came into force on 12 of March 2026 and could have a significant impact...
    JerseyFinance and Banking
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Jersey Costs Law Breaches Human Rights – A Stitch-up For The State?

    The Court of Appeal of Jersey has held that a Jersey statutory provision is not compatible with a human right protected by the European Convention on Human Rights.
    JerseyGovernment, Public Sector
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Managing A Regulatory Crisis: All Leave Is Cancelled

    Imagine discovering as a newly appointed Non-Executive Director of a financial services business that the client reviews of high-risk clients have not been undertaken for two years...
    JerseyGovernment, Public Sector
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Royal Court Revisits Pre Judgment Interest

    In the latest decision in the long-running Sheyko v Consolidated Minerals Limited litigation[1], the Royal Court has revised its approach to awards of pre judgment interest.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Showing 101–120 of 181 results

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