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  • Article

    In re R - The Waking Of Leviathan

    The former Bailiff of Jersey, Sir Philip Bailhache has recently delivered a judgment in In re R [2011] JRC 117 which declines to follow the English Court of Appeal’s test for mistake established in Pitt v Holt .
    GuernseyTax
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Controlling Minds: Whose Knowledge Counts?

    A question of crucial importance for the Royal Court - Commissioner Page QC - was therefore, whose knowledge could be attributed to the acts of the Defendant Companies.
    WorldwideCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    BVI Business Companies Act 2024 Amendments

    On 26 September 2024, the BVI Business Companies (Amendment) Act, 2024 (the "Amendment Act") was published in the BVI Gazette, marking a significant development in the jurisdiction's corporate legislative framework.
    British Virgin IslandsCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Unfair Prejudice Applications: Be Careful Who You Bring To The Party

    The recent judgment of the Royal Court of Jersey in Pender v GHH (Jersey) Ltd & Ors [2019] JRC228 has provided important guidance on the approach to be taken when joining parties to
    GuernseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Lobster Baron's Millions Caught In The Net

    A recent judgment[1] of the Royal Court casts light on the Island's conviction-based confiscation regime at a time when the States of Jersey is busy sharpening the claws of Jersey's investigatory...
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Who Owns A Bribe? UK Supreme Court Follows Where Jersey Leads

    On 16th July 2014 the Supreme Court handed down its judgment in FHR European Ventures LLP and others v Cedar Capital Partners LLC [2014] UKSC 45.
    GuernseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    The Effect of Foreign Account Tax Compliance Provisions Within the "Hiring Incentives to Restore Employment Act" 2010 (USA)

    On 18 March 2010, the President of the United States of America, Barack Obama, signed into law the "Hiring Incentives to Restore Employment Act". A number of incentives are contained within the Act for boosting employment, such as payroll tax relief and business credits for "hiring and retaining unemployed workers".
    GuernseyWealth Management
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Cards On The Table Please! Litigation Privilege And Adversaries

    Litigation privilege is an auxiliary principle that buttresses the constitutional right of access to justice and should be kept within justifiable bounds. Without litigation privilege
    United KingdomLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Crypto, Blockchain And The Hyper-Technologization Of Offshore Structures

    On 2 November 2023, Sam Bankman-Fried (SBF), the former billionaire head of the collapsed cryptocurrency exchange FTX Trading Ltd. (FTX), was convicted on seven counts of fraud...
    WorldwideTechnology
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    The Shareholder Rule – The Demise Of An Exception To Legal Advice Privilege?

    Up until the landmark Privy Council decision in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd & Ors No 2 (Bermuda) [2025] UKPC 34, a company could not, in the course of litigation between...
    GuernseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Quincecare: Clarified And Confined

    The Supreme Court last week handed down its much-anticipated judgment in Philipp, clarifying the rationale and scope of the duty established in Barclays Bank...
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    A Funny Thing Happened On The Way To The Forum

    The Jersey Court of Appeal ("Leeds United Football Club Limited v Weston and Levi" [2012] JCA 083) has confirmed the Royal Court’s ruling ([2011] JRC 185) that there is a clear distinction between challenging the jurisdiction of the Jersey court and seeking a stay in favour of a more appropriate forum.
    GuernseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    The Bribery Act 2010 – Its Provisions And Implications

    The UK's new Bribery Act has been long in the making. After much debate and speculation, sometimes informed and sometimes not, it is to come into force later this summer, namely on 1 July 2011.
    GuernseyWealth Management
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Divorcing Beneficiaries - A Practical Guide For Trustees

    A Jersey law trust. A Jersey corporate trustee. Divorcing beneficiaries, both of whom are resident in a foreign jurisdiction. What should you do? What shouldn’t you do?
    United KingdomWealth Management
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Pre-Nuptial Agreements "All That I Have I Share With You - Subject to Contract"

    A Pre-Nuptial Agreement was the subject of the recent English Supreme Court decision in the case of Radmacher v Granatino, generating great media interest. What does it mean for couples contemplating marriage in Jersey?
    GuernseyInsurance
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Cayman Islands Court Confirms Importance Of Access To Justice In Case Involving Collapse Of The AAX Cryptocurrency Exchange

    The application was brought by two individuals (the Petitioners) who were retail users and investors on the centralised cryptocurrency exchange, Atom Asset Exchange (AAX), via its platform...
    Cayman IslandsTechnology
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    The Purgative Effect Of The Pugachev Judgment

    In October 2017 the English High Court handed down a significant judgment in which it found that the assets of five discretionary trusts settled by Russian oligarch, Sergei Pugachev could be used to satisfy claims by Mr Pugachev's creditors.
    GuernseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    The Realities Of Crypto Asset Recovery Part 2

    Following the world's largest hack of a cryptocurrency exchange, ByBit, on 21 February 2025, in which approximately USD 1.4 billion dollars was misappropriated...
    Cayman IslandsTechnology
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Effective Business Risk Assessments

    Under the various Codes of Practice issued by the Jersey Financial Services Commission (the "JFSC") the Boards of regulated businesses are required to undertake and keep an up to date Business...
    GuernseyGovernment, Public Sector
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Digital Asset Recovery And The Unique Challenges Posed By Decentralised Autonomous Organisations ("DAOs")

    Never come across the term Decentralised Autonomous Organisation ("DAO") before? You're not alone, but as of 13 January 2025, these virtual organisations...
    GuernseyTechnology
    Baker & Partners LLP
    Baker & Partners LLP

Showing 121–140 of 180 results

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