ArticleTo Fail Is To LearnIt would seem, in my experience, that the difficulties children have in understanding that learning from one's mistakes is part of the overall learning and performance improvement process...GuernseyFinance and BankingBaker & Partners LLP
ArticleWho's On The Bus? Decision Of UKSC Could Have Wide-Reaching ConsequencesThis year Baker & Partners sponsored the University of Leicester Law Review Essay Contest, with the winner Jeremy Elliott receiving a week's placement with the firm. GuernseyGovernment, Public SectorBaker & Partners LLP
ArticleIn The Matter Of Restore Builders En Désastre [2024] JRC 290In the Matter of Restore Builders En Désastre is the first reported wrongful trading case to come before the Royal Court of Jersey. Under Article 44 of the Bankruptcy (Desastre) (Jersey)...GuernseyInsolvency/Bankruptcy/Re-StructuringBaker & Partners LLP
ArticleTrusts In The Middle East – Avoiding Conflict Within FamiliesTrusts are a wonderfully flexible and durable means of preserving and enhancing family businesses and wealth over generations, as is evidenced by the fact that they remain as relevant in the modern world as they have done over centuries.WorldwideCorporate/Commercial LawBaker & Partners LLP
ArticleNEDs (Non-Executive Directors )Insurance is not a topic which sets the world on fire, but it is one of the most important areas for Non-Executive Directors (NEDs) to pay attention to. GuernseyInsuranceBaker & Partners LLP
ArticleThrough The Looking Glass: Transparency And Confidential Relationships From A Jersey Advocate's PerspectiveInternational financial centres have always been a target of negative media. "Offshore" has become a pejorative term. Concerns regarding the regulatory and legal systems of "offshore" jurisdictions...GuernseyWealth ManagementBaker & Partners LLP
ArticleCryptocurrencies & Regulation: The Future For Jersey?Whilst the terms "cryptocurrency" and "Bitcoin" have become increasingly commonplace within the Island, especially given the successful growth of Digital Jersey, there remains a degree of confusion and concern within the financial services industry over the operation and regulation of digital currenciesGuernseyWealth ManagementBaker & Partners LLP
ArticleOnward For The OmbudsmanThe Royal Court has recently handed down its judgment in the first judicial review of a decision of the Channel Islands Financial Ombudsman ("CIFO") Future Finance Limited v Channel IslandsGuernseyFinance and BankingBaker & Partners LLP
ArticleOligarch's Lawyer Forced To Reveal Whereabouts Of Multi-Million Pound Art CollectionIn common law jurisdictions such as England and Jersey, privilege is a fundamental principle of justice which enables a client to talk openly to his lawyer, secure in the knowledge that nothing he says will later be made public.GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleA Subjective Question: What To Do About The Jersey Law Of Contract?A recent plea by the Jersey Court of Appeal for greater certainty in the Jersey law of contract has highlighted differences of opinion amongst the judiciary and the need for a way forward.GuernseyCorporate/Commercial LawBaker & Partners LLP
ArticleReach for the SARsThe JFSC has been focusing heavily on Suspicious Activity Reports ("SARs") recently. This is understandable. SARs are a crucial part of the regulatory framework. If regulated businesses are properly reporting suspicions of criminal conduct then the law enforcement agencies receive vital ammunition for cleaning up the finance industry and investigating crime without lifting a finger. GuernseyCorporate/Commercial LawBaker & Partners LLP
ArticleHave You Recently Become A Bank Account Fraud Victim?There is no doubt that the incidences of bank account fraud are on the rise. In 2023 UK Finance reported 116,324 cases of push payment fraud where a payer is deceived or defrauded into authorising a payment...GuernseyCriminal LawBaker & Partners LLP
ArticleAchieving The Balance Between Client Confidentiality And Compliance In JerseyJersey has never had, contrary to the belief held by some, banking secrecy enshrined in statute. It does have a statutory regime of data protection and client confidentiality is, of course, an important principle and fundamental to the relationship between banker and client. GuernseyFinance and BankingBaker & Partners LLP
ArticleBilta v RBS: Clarity On The Ambit Of Litigation Privilege?As we have discussed in our recent blogs, privilege is a corner stone of justice and can exist both within and outside of a lawyer client relationship. GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleEnforcement Of Judgments In Jersey Guide | Global Legal PostBaker & 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. GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleLeading Offshore Litigation QC to Join Baker & PartnersAddition of James Corbett QC represents significant expansion of the firm's global offshore disputes practice GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleLimits On Legal Professional PrivilegeThe High Court has recently restricted the ability to rely on privilege. Although SFO -v- ENRC is an English authority, Jersey generally follows English principles of privilege.GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleThe Importance Of An Effective Three Lines Of Defence Operating ModelAs regulators worldwide continue to focus heavily on the importance of ethical conduct by employees in regulated financial services businesses...United KingdomFinance and BankingBaker & Partners LLP
ArticleKeeping Mum - Full And Frank Disclosure In Matrimonial ProceedingsI often hear these comments when dealing with the disclosure of assets as part of the financial settlement in a divorce. GuernseyFinance and BankingBaker & Partners LLP
ArticleUnscrambling The Omelette – Ratification And Trustees De Son TortIn a recent decision of the Deputy Bailiff, In Re Blackberry Trust [2023] JRC156 the Royal Court of Jersey has taken the relatively unusual step of depriving a professional trustee of a significant ...GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP