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
ArticleFirms Still Not Assessing Their AML Culture Risk Sitting On A Ticking Time Bomb.The excellent ITV series of Bates V The Post Office supported by reading the Court Judgement relating to the case highlights the largest and most shocking miscarriage of justice in British history...GuernseyGovernment, Public SectorBaker & 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
ArticleThe Dawn Of A New Day: The Interplay Of Arbitration And Insolvency Law Following The Privy Council's Decision In Sian Participation v HalimedaOn 19 June 2024, the Judicial Committee of the Privy Council handed down its judgment in Sian Participation Corp (In Liquidation) v Halimeda International Ltd...British Virgin IslandsLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleHong Kong Foods: Royal Court Clarifies Law On MisrepresentationThe decision of the Royal Court in Hong Kong Foods Limited and Another v Robin Hood Curry Limited and Another has brought much needed clarity to the law on misrepresentation...GuernseyCorporate/Commercial LawBaker & Partners LLP
ArticleBack Where It BelongsThe Kenya agreement is an encouraging example of such fruits being returned to their rightful owners.GuernseyCriminal LawBaker & Partners LLP
ArticleInjunctions In Fraud Claims: Should Banks Always Get Their Costs?Should financial institutions be reimbursed for the costs incurred by assisting victims of fraud?GuernseyCriminal LawBaker & Partners LLP
ArticleWhat's more important; business or home? An update….We last discussed this issue in April 2015 following the case of Cooper-Hohn (2014) where one spouse, persuaded the Court of Appeal in England and Wales that their contribution to the finances of the marriage amounted to a "special contribution" so as to justify the Court making an order giving that spouse 64% of the matrimonial assets on divorce. GuernseyFamily and MatrimonialBaker & Partners LLP
ArticleABC v The Minister For Health & Social Services And The States Employment Board The Court has recently decided for the first time in Jersey in ABC v The Minister for Health & Social Services and The States Employment Board that a parent does not have a private cause of action arising from a breach of the Children (Jersey) Law 2002. GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleChannel Islands: Premier IndependentsAmong the big offshore firms whose offices line St Helier's Esplanade and the surrounding streets are several highlycapable boutiques – mostly, but not exclusively...GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleSFO v ENRC: Legal Professional Privilege Restored?In recent years, legal professional privilege has been the subject of many high profile appeals. Cases such as Bilta v RBS and Three Rivers (No 4) demonstrate the extent to which the position on what constitutes ...GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleHong Kong Appeal Court Upholds Police Use Of "No Consent" PowerThe Hong Kong Court of Final Appeal has ruled that the "no consent" regime, under which the Hong Kong police can withhold consent to move suspect funds indefinitely without a court order, is constitutional.Hong KongLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleRepresentation Of Hawksford Jersey Limited re H TrustThe Trust has only one material asset.GuernseyCorporate/Commercial LawBaker & Partners LLP
ArticlePerils And Pitfalls Of Directing A Jersey Energy CompanyOver the past 10 years the number of energy and natural resources companies establishing a head office in Jersey has grown considerably. GuernseyEnergy and Natural ResourcesBaker & Partners LLP
ArticleThe Guernsey MONEYVAL Report: The Conundrum Of Enforcement Versus Boosting The EconomyThe report following the Council of Europe's MONEYVAL 2024 review of the Bailiwick of Guernsey's approach to combating financial crime, has been issued. GuernseyFinance and BankingBaker & Partners LLP
ArticleWhat Is Culture And What Does It Mean?The Wolf of Wall Street film or the Netflix series on Bernie Madoff provide entertaining and graphic examples of where culture and conduct spiral out of control leaving devastated employees...GuernseyFinance and BankingBaker & Partners LLP
ArticleMoneyVal: "Oh No Not Another Review!"The MoneyVal report is unquestionably a huge success for Jersey and reflects the hard work over a number of years of all the stakeholders, and those that made a contribution can be justly proud of their achievement.GuernseyGovernment, Public SectorBaker & Partners LLP
ArticleCivil Asset Recovery In Action: Two's A Party; Three's A Crowd!General Mohammed Abacha, President of Nigeria from 1993 to 1998, stole millions of dollars of Nigerian public money when in power. GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleDigital Assets, Insolvency And RestructuringAn exploration of insolvency trends and developments in the crypto, DAOs and digital assets space following a roundtable with Rajah & Tann and the Baker & Partners Cayman team.SingaporeInsolvency/Bankruptcy/Re-StructuringBaker & Partners LLP
ArticleShould Banks Automatically Compensate Victims Of Fraud?A victim of fraud is described as being someone who is tricked into sending money to a fraudster who is posing as a genuine payee.WorldwideCriminal LawBaker & Partners LLP