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  • Article

    Crédit Agricole v Papadimitiou

    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.
    JerseyWealth Management
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    2025 Overview Of BVI Regulation And Shareholder Disputes

    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
    British Virgin IslandsCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
Article

Post-Judgment Norwich Pharmacal Orders: A Square Peg In A Round Hole?

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)...
Cayman IslandsLitigation, Mediation & Arbitration
Baker & Partners LLP
Baker & Partners LLP
  • Article

    Residual Customary Désastre: Creditors' Recall

    Désastre is one of several insolvency (or bankruptcy) procedures available under Jersey law.
    JerseyInsolvency/Bankruptcy/Re-Structuring
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    The International Comparative Legal Guide To: Corporate Recovery & Insolvency 2015 - Jersey Chapter

    Jersey law distinguishes between two types of property – immovable (i.e. real property) and movable property (which can be both tangible and intangible).
    JerseyInsolvency/Bankruptcy/Re-Structuring
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Saisies Judiciaires: The Lifting Of Freezing Orders

    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").
    JerseyWealth Management
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    AI – The Quiet Erosion Of Privilege?

    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.
    United StatesIntellectual Property
    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.
    JerseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Disclosure In Jersey: What, When And From Whom? (Part 1)

    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...
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    In The Ring, Round 1: Transparency v Right To Confidentiality

    In a series of 3 articles (Rounds 1 to 3), we explore Jersey's approach to the concept of transparency in respect of beneficial ownership information.
    JerseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Spilling The Beans: Information & Document Sharing With Beneficiaries

    This is an area of the law dominated by rebuttable presumptions and there are few, if any, hard and fast rules.
    JerseyPrivacy
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Un-Tainting Protected Settlements – A Cure When Prevention Fails?

    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.
    United KingdomTax
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Trustees And Sanctions: Where Angels Fear To Tread?

    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...
    European UnionInternational Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Unlawful Means And The Pizza Example

    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.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    "Honestly, I Had No Idea!" Unquestioning Loyalty To Your Client Can Make You Dishonest, If Your Client Is A Fraudster

    This recent judgment of the Royal Court of Jersey is a wake-up call to offshore fiduciaries and corporate service providers
    JerseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    2026 Jersey White-Collar Crime Trends

    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.
    JerseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Guernsey Royal Court Permits Beneficiary's Application To Terminate Trust

    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,
    GuernseyCorporate/Commercial Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Insolvency 2024

    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...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Putting The Record Straight: Test For Rectification Clarified

    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.
    JerseyLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Proposed Amendments To The Trusts (Jersey) Law 1984: A Commentary

    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.
    JerseyWealth Management
    Baker & Partners LLP
    Baker & Partners LLP
  • Showing 141–160 of 181 results

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