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...

This is an area of the law dominated by rebuttable presumptions and there are few, if any, hard and fast rules.

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

Privy Council decision goes to the heart of what financial institutions should know about the commercial rationale behind transactions and the source of customers' funds.

Important changes were made to the UK's deemed domicile regime in 2017. These complex new rules pose yet another set of challenges for offshore trustees of trusts with UK resident, deemed UK domicile settlors. While most hope to avoid the new tainting regime for so called ‘protected settlements', given the ease with which a trust can be tainted, and the potentially calamitous tax consequences of a tainting event, this is an area of high risk for trustees.

In this article, Shaun Reardon-John provides a bird's-eye view on how BVI regulation of the financial service sector has improved within the BVI over the past 20 years. He also shares how this has impacted BVI shareholder disputes

The decision of the Grand Court of the Cayman Islands earlier this year in ArcelorMittal USA LLC v Essar Global Fund Limited & Anor[1] re-examines Norwich Pharmacal Orders (NPO)...

Désastre is one of several insolvency (or bankruptcy) procedures available under Jersey law.

Jersey law distinguishes between two types of property – immovable (i.e. real property) and movable property (which can be both tangible and intangible).

On 29 April 2009, the Bailiff issued a judgment (the effect of which was stayed for one month) in relation to an application by Gary Stephen Kaplan ("Mr Kaplan") to discharge a "saisie judiciaire" which was granted in relation to his realisable property in May 2007 pursuant to the Proceeds of Crime (Jersey) Law 1999 ("the 1999 Law").

As artificial intelligence tools become integral to legal practice, they introduce unprecedented vulnerabilities to attorney-client privilege and confidentiality protections. Recent U.S. court decisions reveal conflicting interpretations of whether documents generated using public AI platforms retain privileged status, raising critical questions about data retention policies, third-party disclosure, and the fundamental nature of confidential legal communications in the digital age.

This is the first of two short articles on four aspects of disclosure in civil proceedings in Jersey. The first focuses on the differences between pre-action and post-judgment disclosure...

It is very difficult to see how (given the combined scope of the application of EU and UK sanctions to EU and UK citizens) there will be anyone left in places like Jersey able to administer structures...

The recent Guernsey case of Rusnano Capital AG (in liquidation) v Molard International (PTC) Limited and Pullborough International Corp [2019] GRC011 has, for the first time,

Most of us find it easier to understand a legal concept if we are given an illustrative example. A hypothetical set of facts that clearly falls on one side of the line can help us appreciate how the concept works.

This recent judgment of the Royal Court of Jersey is a wake-up call to offshore fiduciaries and corporate service providers

Jersey has assembled one of the most comprehensive white-collar crime frameworks among international finance centres, featuring deferred prosecution agreements, failure-to-prevent-money-laundering offences, and an autonomous Financial Intelligence Unit. Yet while some enforcement tools see regular deployment—money-laundering prosecutions, confiscation orders—others remain largely untested, raising questions about whether legislative ambition translates into practical deterrence.

2024 has been a record year for the Cayman Islands, with the Cayman Islands Monetary Authority announcing that as of 15 August 2024, the Cayman Islands had a record-breaking total of 30,038 registered investment funds...

In In the Matter of the C Trust [2018] JCA 219 (the ‘Trust') the Jersey Court of Appeal has, for the first time, considered and given guidance on the principles governing the remedy of rectification.

The States of Jersey's Chief Minister's Department recently issued a consultation paper on a proposed 7th amendment to the Trusts (Jersey) Law 1984.