ArticleBack Where It BelongsThe Kenya agreement is an encouraging example of such fruits being returned to their rightful owners.JerseyCriminal LawBaker & 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 ...JerseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleBaker & Partners (BVI) Secures Landmark Ruling Allowing Restoration Of A Dissolved BVI Company Beyond The Statutory Limitation PeriodBaker & Partners (BVI), acting on behalf of Angela Barkhouse and Toni Shukla (Kroll) as Liquidators of a BVI company, successfully obtained a precedent-setting judgment allowing...British Virgin IslandsCorporate/Commercial LawBaker & Partners LLP
ArticleEqual Marriage, Equal Divorce?On 23rd September 2015, The States voted to legislate to enable same-sex marriage by January 2017 at the latest. JerseyFamily and MatrimonialBaker & Partners LLP
ArticleDisclosure In The Digital EraIt is important not to be put off by the size of the task and the sheer volume of material. JerseyLitigation, 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
ArticleWhat's More Important; Business Or Home?When a marriage breaks down and one party issues divorce proceedings it can be a difficult time for everybody involved. JerseyFamily and MatrimonialBaker & 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. JerseyFinance and BankingBaker & Partners LLP
ArticleGrand Court Confirms Lack Of Jurisdiction To Wind Up An Exempted Limited Partnership Based On A Creditor's PetitionThe Cayman Islands Grand Court has clarified that it has no jurisdiction to wind up an exempted limited partnership upon a petition presented by a creditor.Cayman IslandsCorporate/Commercial LawBaker & Partners LLP
ArticleJersey Foundations - Fit for purpose?Foundations are a relatively new legal concept in Jersey having been introduced by the Foundations (Jersey) Law 2009. JerseyCorporate/Commercial LawBaker & Partners LLP
ArticleJersey Foundations: Fit For Purpose?The recent judgment in Dalemont v Senatorov and Others [2012] JRC 044A, in which a Jersey Foundation was found to have committed contempt of court for failing to comply with disclosure orders, contained stark and critical observations regarding the administration of the Jersey Foundation. JerseyWealth ManagementBaker & Partners LLP
ArticleShades Of The Prison-House; Non-Payment Of Judgment DebtsThe International Covenant on Civil and Political Rights ("ICCPR") is a United Nations multilateral treaty which extends to Jersey.JerseyCorporate/Commercial LawBaker & Partners LLP
ArticleCyberfraud – Why Businesses Need To Be PreparedThe risks posed by ‘traditional' forms of fraud (undertaken by dishonest employees or directors diverting funds from client accounts) will always be of concern to financial services businesses.JerseyCriminal LawBaker & Partners LLP
ArticleAML Culture : The Good, Bad And Ugly – Post Webinar SummaryFollowing on from the webinar hosted by Baker Regulatory, the Jersey headquartered regulatory experts, discussing the thorny topic of "How Do You Assess Your AML Culture?" below is a summary of the topics discussed.JerseyGovernment, Public SectorBaker & Partners LLP
ArticleFreezing Orders: Be Careful What You Wish ForFreezing orders (formerly known as a Mareva Injunctions) were famously described as "one of the law's two nuclear weapons"[1]. The metaphor has been invoked ever since.JerseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleTrusts Update - Freeman v AnsbacherIn an important judgment, the Deputy Bailiff of the Royal Court of Jersey has clarified the Jersey law position in relation to two points. Firstly, whether the object of a mere power has standing to sue for breach of trust against trustees. Secondly, whether the principle of 'reflective loss' is directly applicable to a discretionary trust which wholly owns a company.JerseyWealth ManagementBaker & Partners LLP
ArticleRemedies Available In Cayman For Victims Of Cryptocurrency FraudWe are pleased to share the article that Adam Crane and Nicosia Lawson prepared for the ThoughtLeaders4 FIRE | TL4FIRE 2022 Year in Review Magazine on Remedies Available...Cayman IslandsTechnologyBaker & Partners LLP
ArticleOpen Season v Shivers Of Fear: Wyatt v VinceYou are divorced. You thought it was over and then you hear the names "Wyatt" and "Vince"; does a shiver run down your back or do you throw a party and go to see a family lawyer?JerseyFamily and MatrimonialBaker & Partners LLP
ArticleThe New Deferred Prosecution Agreement – What Does It Mean For Me?DPAs are arrangements under which an entity voluntarily discloses its own criminal activity to the criminal authorities, and as recognition for this it can avoid criminal prosecution.JerseyGovernment, Public SectorBaker & Partners LLP
ArticleCalling Time: English High Court Declares Limitation Period On Claims Against Directors Of Jersey CompaniesOn the 15th May 2017, the Chancery Division of the English High Court in O'Keef & Anor v Caner & Ors [2017] EWHC 1105 (Ch) held, as a matter of fact, that the appropriate prescription period...JerseyCorporate/Commercial LawBaker & Partners LLP