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
ArticleI Certify This Is A True Likeness And Copy…To protect against fraud, money laundering and terrorist financing, the finance industry obtain key customer details known as Customer Due Diligence (CDD) before engaging in business.GuernseyTechnologyBaker & Partners LLP
ArticleJersey Law of Extradition – An UpdateThe case regarding Philip De Figueiredo and the application by the Australian authorities to have him extradited to Australia has brought Jersey’s Law on Extradition to the fore. GuernseyWealth ManagementBaker & 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
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
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
ArticleEqual Marriage, Equal Divorce?On 23rd September 2015, The States voted to legislate to enable same-sex marriage by January 2017 at the latest. GuernseyFamily and MatrimonialBaker & 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?GuernseyFamily 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.GuernseyGovernment, Public SectorBaker & 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. GuernseyLitigation, Mediation & ArbitrationBaker & 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. GuernseyCorporate/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. GuernseyWealth 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.GuernseyCorporate/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.GuernseyCriminal 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.GuernseyGovernment, 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.GuernseyLitigation, Mediation & ArbitrationBaker & Partners LLP
ArticleTrustees Disclosure – Two Recent Decisions From The Common Law JurisdictionsThe thorny issue of what a trustee must disclose at the request of any beneficiary is a topic which has received much judicial guidance over recent years.GuernseyWealth ManagementBaker & 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.GuernseyWealth ManagementBaker & Partners LLP