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  • Article

    Trustee-beneficiaries: Can They Have The Cake And Eat It Too?

    The time of cakeism is at hand, and not just in the field of UK trade negotiations. Many trustees of modern trusts find themselves both owning the trust assets and objects of the powers of appointment;
    United KingdomCorporate/Commercial Law
    Wilberforce Chambers
    Wilberforce Chambers
  • Article

    Missing Persons – Guardianship And Presumption Of Death

    This briefing is an introduction to two complementary pieces of legislation which are of relevance in circumstances where an individual has gone missing.
    United KingdomLitigation, Mediation & Arbitration
    Wilberforce Chambers
    Wilberforce Chambers
  • Article

    Trustees: Can You Blindly Rely On The Expertise Of Your Directors?

    Trust structures will often involve trustees holding shares in companies; those shares forming part of the trust fund held by the trustees for the benefit of the trust and the beneficiaries as a whole.
    Isle of ManCorporate/Commercial Law
    DQ Advocates
    DQ Advocates
  • Podcast

    Light Bites, Expert Nuggets For The Seasoned Developer: Episode 3 (Podcast)

    In this episode, our hosts and rights of light experts, James Souter and Jerome Webb are joined by Barrister, John McGhee KC, Wilberforce Chambers who was leading...
    United Arab EmiratesReal Estate and Construction
    Charles Russell Speechlys Dubai
    Charles Russell Speechlys Dubai
  • Article

    Court Of Appeal Upholds Ruling That PPF Compensation Cap Amounts To Unlawful Age Discrimination (Secretary Of State For Work And Pensions And Board Of The PPF V Hughes)

    Pensions analysis: The Court of Appeal has unanimously upheld the High Court's first instance decision that the statutory cap on the compensation payable by the Pension Protection Fund (PPF)...
    United KingdomEmployment and HR
    Wilberforce Chambers
    Wilberforce Chambers
  • Article

    The Supreme Court Has Reformulated The Rule Against Penalties

    In November 2015, in a widely anticipated judgment, the Supreme Court reviewed the operation of the rule on penalties for the first time in a century.
    United KingdomReal Estate and Construction
    Dentons
    Dentons
  • Article

    Grand Court Dismisses Security For Costs And Funder Disclosure Applications

    Walkers have successfully represented the Plaintiffs in a recent hearing before the Grand Court of the Cayman Islands in Cowan v Equis (FSD 22 of 2018 (RPJ)).
    GlobalLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Cayman Inspectorship Under The Microscope

    In the matter of Avivo Group (Cause No. FSD 145 of 2022 (RPJ)), Walkers, instructing Ms Clare Stanley KC of Wilberforce Chambers, acted as Cayman Islands counsel to Avivo Group...
    Cayman IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    Abraaj Group Fraud - Summary Judgment For Receivers Of Secured Lender For Information On The Fraud

    The Grand Court has awarded summary judgment to certain limited partners seeking true and full information from the general partner under section 22 of the Exempted Limited Partnership Act.
    Cayman IslandsCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    Eastern Caribbean Court Of Appeal Grants Unless Orders In Respect Of Orders Of The BVI Commercial Court

    On 19 May 2023, Bermuda Government has passed legislation to amend the Digital Asset Business Act 2018.
    BermudaTechnology
    Walkers
    Walkers
  • Article

    The Privy Council Clarifies Principles Relating To The Enforcement Of Foreign Arbitral Awards

    The Privy Council has handed down its much anticipated decision in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners...
    Cayman IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Case Law Update - Construction, Property & Real Estate (Issue 1 - 2010)

    See "Workspace Management v YJL London" under Keating Chambers Reported Cases on enforceability of adjudicator’s finding of overpayment as a set-off against an arbitration award.
    United KingdomReal Estate and Construction
    Keating Chambers
    Keating Chambers
  • Article

    Getting At Trust Assets And Piercing The Corporate Veil

    The Court ruled that the transfer of the solicitor's share of the sale proceeds to his wife was a gift and therefore a transaction defrauding creditors within the meaning of s423.
    United KingdomCorporate/Commercial Law
    Vannin Capital
    Vannin Capital
  • Article

    Court Of Appeal Clarifies Important Aspects Of Cayman Islands' Property Law Regarding Restrictive Agreements, Easements And Land Register Rectification

    On 7 March 2023, the Cayman Islands Court of Appeal (CICA) overturned the decision of the Grand Court, which held that certain legal instruments dating from 1992 to 2001 granting various rights...
    Cayman IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby

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