1.It has long been postulated that Jersey law imposes a duty of good faith in the performance of contractual obligations.

On 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...

In Round 2 of our series of 3 articles on Jersey's approach to the concept of transparency in respect of beneficial ownership information...

The jurisdiction to wind up a company under the provisions of article 155 of the Companies (Jersey) Law 1991 is extremely useful precisely because it is so flexible.

It has been reported in the United Kingdom that public resources are so stretched that police officers have attended the scenes of crime by bus.

A recent industry discussion involving Baker Regulatory Services, Sqope Intelligence, JTC Group and Mourant Consulting highlighted a recurring theme across regulated jurisdictions: regulatory intervention...

On 17 February 2007, American Senator Carl Levin introduced a Bill titled the ‘Stop Tax Haven Abuse Act’. It contains provisions aimed at combating what Levin described as the $100 billion per year drain on the treasury from offshore tax abuse.

In what appears to be the first liquidation involving a cryptocurrency exchange in the Cayman Islands, Atom Holdings (the "Company"), the Cayman domiciled holding company for the group...

The recent decision of the Cayman Islands Grand Court in Fang Holdings Limited[1] is a helpful reminder of the requirements to be satisfied when seeking an order under section 99 of the Companies Act

A Norwich Pharmacal Order (NPO) is a disclosure order which allows information to be obtained from third parties who have become ‘mixed up' in wrongdoing, helping individuals to investigate,...

In October 2022 the Privy Council finally handed down judgment in the Z Trust (II) appeals (ETJL v Halabi; ITGL v Fort Trustees [2022] UKPC 36).

The international political community continues to make the most threatening noises about those who they believe do not pay enough tax.

On 14 May 2024, the Privy Council delivered its judgment in Chhina v Nazir and Another [2024] UKPC 10, an appeal from the British Virgin Islands ("BVI").

A new restructuring regime will be available in the Cayman Islands when the amendments to Part V of the Companies Act (2022 Revision) take effect as of August 31, 2022.

The Cayman Islands is a major financial hub which is home to some of the largest decentralised projects and crypto funds in the world. With the dawn of tokenisation, which some believe will make wealth...

In a recent judgment the Royal Court has provided helpful guidance to local businesses operating under "lock down" directions issued by the Jersey Financial Services Commission ("the Commission") as to what constitutes a payment in the ordinary course of business.

This case has brought to the fore a very interesting question in the field of money laundering. The issue at stake was the following: in relation to the laundering offence contained in section 93C(2) of the Criminal Justice Act 1988 and section 49(2) of the Drug Trafficking Act 1994 (the "Acts"), is there a requirement for the prosecution to prove that the property being converted is in fact the proceeds of crime?

The Bailiwick of Jersey is one of the three Crown Dependencies of the British Crown that surround the United Kingdom.

The long running dispute in the Tantular litigation has finally reached the Privy Council and some crucial questions about the interaction between Jersey trusts...

The traditional attitude to tax avoidance is encapsulated in the judgment of Lord Tomlin in the English case of IRC v Duke of Westminster (1936)