Insights

As well as providing expert advice to financial institutions, corporations and private individuals, our lawyers are also active members on a number of working parties. Their thought leadership helps to shape future legislation and market developments, making a positive difference to our clients and industry as a whole.

Insolvent trusts: the Z Trust cases
Briefings | 17 Jul 2018

The Royal Court of Jersey has given further guidance on the issues facing trustees of trusts who find that they are unable to pay trust liabilities out of trust assets as they fall due, or where the trust liabilities exceed the trust assets. Whilst the Cour...

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Republic of Angola & Anor v Perfectbit Ltd & Ors: EWHC rejects foreign exclusive jurisdiction clause in favour of English courts as appropriate legal forum
Briefings | 11 Jul 2018

The English High Court has issued a significant judgment in Republic of Angola v Perfectbit Ltd [2018] EWHC 965 (Comm), where it took jurisdiction over claims by the Republic of Angola ("Angola") and Banco Nacional de Angola (the "BNA") against eight co-def...

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Jersey foundations for philanthropy: when making a difference matters
Articles | 01 Jul 2018

Recognizing how personal and individualistic decisions in relation to philanthropy can be, Jersey is well placed to help philanthropists make the difference that they want to make, in the way that they want to make it. Written by Zillah Howard and published...

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International savings plans key to Jersey’s flexible future
Articles | 27 Jun 2018

The JPA has proposed an amendment to Jersey law that will make locally-managed international savings plans an attractive proposition to providers around the world.

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Bedell Cristin sets precedent in first legal challenge to the scope of the "tout tel clause" in the context of contractual misrepresentation
Briefings | 25 Jun 2018

On 14 June 2018, the Deputy Bailiff handed down an eagerly awaited judgment regarding the scope of a standard conveyancing provision, known informally as the "tout tel clause", confirming that the existence of the clause in a conveyance would not automatica...

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Buying a commercial investment property in Jersey
Briefings | 13 Jun 2018

Purchasing an investment property can be a complex and complicated undertaking. We have put together an overview of the process and some key issues to consider at the outset.

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Jersey's Trusts Law: Amendment No.7
Briefings | 04 Jun 2018

The Government of Jersey has agreed a series of amendments to be made to the Trusts (Jersey) Law 1984 (the "Trusts Law"). The amendments are contained within the Trusts (Amendment No.7) (Jersey) Law 2018 ("Amendment No.7") which will be brought into force o...

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Philanthropy 2.0
Articles | 02 May 2018

Zillah Howard, Partner explains why philanthropists from across the world are attracted to Jersey. Published in the Jersey Finance Trust Jersey publication - May 2018.

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Jersey: Centre of choice for international philanthropy
Articles | 02 May 2018

Zillah Howard, Partner, discusses why Jersey is the centre of choice for international philanthropy. Published in the Jersey First for Finance brochure 2018-2019.

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Disability Discrimination law - will I need to adapt my premises?
Briefings | 24 Apr 2018

The Discrimination (Disability) (Jersey) Regulations 2018 will come into force on 1st September 2018 whereby individuals will be protected against discrimination on account of disability.

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Change in the Channel
Articles | 20 Apr 2018

Donna Withers, Head of Wills & Probate writes about the upcoming legislation in Jersey and how it is set to empower the island's vulnerable population. Published in the STEP Journal - April 2018.

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Purchasing freehold property in Jersey - the basics
Briefings | 19 Apr 2018

Jersey's conveyancing system is unique, complex and, at times, confusing. Therefore, in order to guide you through the various steps of the legal process, we have prepared a simple guide to purchasing freehold property in Jersey.

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Guernsey investment structures
Briefings | 16 Apr 2018

Guernsey is, for many, the jurisdiction of choice for the establishment and/or administration of all types of investment structure and collective investment vehicle, including private equity, hedge and property funds, across a wide range of asset classes.

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The New BVI Limited Partnership Act
Articles | 11 Apr 2018

Lee Osborne, Managing Associate, reviews the New BVI Limited Partnership Act. Published in the IFC Caribbean - April 2018.

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Extract Jersey chapter - International Guide to Money Laundering Law and Practice 5th Edition
Books | 22 Mar 2018

This chapter by David Cadin is taken from the International Guide to Money Laundering Law and Practice (5th Ed) due to be published by Bloomsbury Professional later this year.

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Should "some unreasonableness" be expected in litigation?
Briefings | 14 Mar 2018

March 2018 saw the publication of Calligo Limited v Professional Business Systems CI Ltd [2018] JRC 044; a noteworthy decision of the Deputy Bailiff arguably narrowing the Jersey test for indemnity costs.

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Innovative system of charity registration in Jersey
Briefings | 07 Mar 2018

With effect from 1 May 2018, it will be possible to register a charity in Jersey. The Island's innovative system of charity registration: - offers two alternative categories of registration, with the choice impacting on the accessibility of information on ...

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Case Note - Crociani v Crociani
Articles | 19 Feb 2018

On 11 September the Royal Court handed down its judgment in Crociani & O’rs v Crociani & O’rs [2017] JRC146 in favour of the Plaintiffs. Eason Rajah and Anthony Robinson discuss the judgment. Published in Trusts & Trustees, Vol. 24, No. 2 - March 2018.

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Directors' duties in the wake of Carlyle
Briefings | 22 Dec 2017

On 4 September 2017 Lieutenant Bailiff Hazel Marshall QC handed down her highly anticipated judgment in Carlyle Capital Corporation Limited (in Liquidation) and others v Conway and others.

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Crociani v Crociani - A review of the Royal Court judgment
Articles | 22 Dec 2017

Anthony Robinson and Eason Rajah QC review the Royal Court judgment in the long-running case of Crociani v Crociani delivered on 11 September 2017. Published in STEPs Trust Quarterly Report - December 2017.

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