Market Intelligence

Guernsey is modernising its trust dispute resolution framework through targeted reforms to the Trusts Law, expanding alternative dispute resolution mechanisms beyond traditional breach of trust claims to encompass internal trust disputes between trustees, beneficiaries, and power holders.

The Court of Appeal has ruled on the scope of service-out gateways for worldwide freezing orders against foreign defendants, confirming that neither the Senior Courts Act 1981 nor the Injunction Gateway provide a basis for serving Chabra relief abroad. This decision clarifies critical jurisdictional limitations for claimants seeking to enforce English judgments against third parties holding assets outside the jurisdiction.

How can a professional provide negligent advice, influence a client's decision and still not be liable for the resulting financial loss? The recent High Court decision in Niprose Investments v Vincents Solicitors demonstrates that proving solicitor negligence does not automatically establish legal responsibility for subsequent losses.

As private capital investments surge toward a projected USD32 trillion market by 2030, alternative asset managers are increasingly adopting arbitration to navigate complex cross-border disputes. This comprehensive analysis examines emerging dispute trends across M&A transactions, fund governance, and regulatory challenges while exploring why arbitration's unique characteristics—from confidentiality to international enforceability—make it particularly well-suited for the private capital sector's

The Senior Courts Costs Office examines the boundaries of without prejudice privilege in costs negotiations, addressing whether discrepancies between settlement schedules and later bills of costs constitute grounds for lifting this protection. The court's analysis provides crucial guidance on what constitutes 'unambiguous impropriety' and when privilege can be set aside.

Accountants play a fundamental role in their clients’ personal and business affairs, often acting as the primary trusted adviser. When errors are made, the consequences can be significant, including tax penalties, losses concealed until a business is in financial difficulty and decisions made based on incorrect assumptions.