Insights - Articles
Despite a challenging international regulatory environment and global upheaval, Bedell Cristin partner, Andrew Miller, says that Cayman's private wealth structuring industry is prospering. Published in The Lawyer, June 2019.
Kai McGriele and Richard Parry have co-authored the Cayman Islands chapter of The Dispute Resolution Reivew 11th Edition. Reproduced with permission from Law Business Research Ltd. This article was first published in March 2019.
This article by Zillah Howard, Partner considers the changes that have occurred throughout the world and within the private wealth arena during that time and analyses the continuing appeal of Jersey foundations as a structuring option for families across th...
The new Cayman Islands Immigration (Transition) Law, 2018 and Customs and Border Control Law 2018 came into force on 1 February 2019. Daniel Altneu, Associate at Solomon Harris, part of Bedell Cristin, discusses what these new laws hope to deliver.
Richard Sharp and Mark Helyar explain insurance-linked securities (ILS), explore their origins and reveal the Fund of One concept Mark devised. Published in BL Magazine - November/December 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...
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.
Zillah Howard, Partner explains why philanthropists from across the world are attracted to Jersey. Published in the Jersey Finance Trust Jersey publication - 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.
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.
Lee Osborne, Managing Associate, reviews the New BVI Limited Partnership Act. Published in the IFC Caribbean - April 2018.
On 11 September the Royal Court handed down its judgment in Crociani & O’rs v Crociani & O’rs  JRC146 in favour of the Plaintiffs. Eason Rajah and Anthony Robinson discuss the judgment. Published in Trusts & Trustees, Vol. 24, No. 2 - March 2018.
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.
When the Foreign Account Tax Compliance Act (FATCA) was first introduced by the USA, there was a degree of reluctance among some in the finance industry to engage with it - Nancy Chien discusses. Published in the Journal of International Tax, Trust and Corp...
It is often suggested that it is easy to write your own Will if your wishes are simple and your financial situation isn’t complicated - Donna Withers discusses. Published in Gallery Magazine - September 2017.
Marc Piano, associate, explains the basic concept behind blockchains. Published in Contact Magazine - September/October 2017 issue.
Will foundations in Jersey draw upon jurisprudence in civil law countries, or will they develop separately, drawing parallels with the law and practice relating to trusts and companies? Zillah Howard, Partner discusses. Published in Trust & Trustees, Vol. 2...
The outcome of the UK referendum on 23 June 2016 to leave the EU was both shocking and unprecedented but Guernsey is well positioned to meet any challenges. Richard Sharp, partner explains. Published in Contact Magazine - July/August 2017 issue.
Donna Withers explores Jersey's new mental capacity law. Published in STEP Journal - June 2017.
Richard Sharp reflects on the potential advantages and position of Guernsey post-Brexit. Published in Captive Review - June 2017.
Richard Le Liard, senior associate, presents a round- up of recent regulatory developments. Published in the JEP Funds Review - 18 May 2017.
Martin Paul, head of funds and private equity group, and Richard Le Liard, senior associate discuss the regime of change in Jersey. Published in Funds Europe: Jersey Supplement 2017.
Alasdair Davidson and Rupert Morris discuss the role of protectors in Guernsey trusts. Published in the STEP Journal - April 2017.
The Government of Jersey has confirmed that amendments are to be made to the Trusts (Jersey) Law 1984. Zillah Howard discusses the changes. Published in Jersey - First for Finance - March 2017.
Donna Withers looks at a new law scheduled to come into force in April 2017 which will radically change the way the Island responds to mental health issues. Published in the JEP Law and Accountancy Review - 16 February 2017.
Rupert Morris and Alasdair Davidson assess how trust law in Guernsey may respond to changes in the sector. Published in eprivateclient Guernsey Report - January 2017.
Rebecca McNulty considers the new “EU-US Privacy Shield”, and whether, as some say, it might one day be successfully challenged, amid calls for something still more robust. Published on International Investment online - 13 December 2016.
David Cadin discusses his management approach and the changes he is putting in place, the exciting opportunities for the business following the completion of the MBO and the future direction of the industry generally. Published in Connect Magazine - October...
Zillah Howard, Partner participates in Jersey's Roundtable 2016. Published in Jersey First for Finance - March 2016
Mark Helyar, Partner outlines the rationale for investing in real risk. Published in Captive Global - April 2016.
Simon Hopwood and Martin Paul consider recent trends in the Private Equity Real Estate (PERE) sector. Published in Jersey First for Finance - March 2016.
Litigation in the trust sector has seen a number of high profile cases in Guernsey and Rupert Morris examines the impact two of these cases could have on trust work on the island. Published in eprivateclient - January 2016.
This article written by Edward Drummond discusses the merits of incorporating a rescue culture, and an appropriate procedure enabling rescue, into Jersey Law. Published in The Jersey and Guernsey Law Review, October 2015.
Putting the right structure in place for the right client is essential when advising wealthy clients from the Gulf explain James Campbell and Henry Wickham. Published in eprivateclient - December 2015.
Jersey Practitioners have been faced with a number of significant legislative developments in recent months. Here, Henry Wickham summaries the most important and considers their implications. Published in STEP Journal October 2014.
Alasdair Davidson looks at The Company Administration Regime in Guernsey - a Flexible and Creative Jurisdiction. Published in INSOL World 3rd Quarter 2014.
Alasdair Davidson discusses innovating pre-packs. Published in Legal Week September 2014.
Stephen Adams and Kristian Wilson discuss the Succession to BVI Shares - The Sun is Shining. Published in BVI Finance.
With global financial sanctions now reaching an unprecedented level, Angela Bilbow casts a view over the consequences sanctions have on Channel Islands financial institutions, how they are being tackled and what lies ahead.
Kristian Wilson discusses re-situating the BVI: Offshoreart.co, International Finance and Contemporary Art. Published in the Business BVI magazine August 2015.
Stephen Adams is quoted in an article entitled Offshore Bound. Published in May 2015 edition of China Business Law Journal
Kristian Wilson looks at the interaction between offshore jurisdictions, such as the BVI, and Russia. Published in the May 2015 edition of the Russian Law Journal, the leading English language legal journal in Russia. For the full article please click h...
Anthony Robinson and Eason Rajah QC write about jurisdiction clauses in trusts - published in Trust and Trustees, 29 April 2015.
Kristian Wilson looks at some of the drivers for offshore jurisdictions such as the British Virgin Islands (BVI) to play such a significant role in structuring foreign direct investment (FDI) into and out of the people's republic of China (PRC). Published i...
Zillah Howard discusses Jersey: international centre for philanthropy, published in Jersey First for Finance.
Bedell Cristin partner Mark Helyar and Clive James of insurance captive manager Kane discuss whether there is room for European domiciles to gain a stronger foothold in the ILS market. Published in Insurance Day, 16 March 2015.
Lisa Springate discusses - Jersey: growing impact of sanctions. Published in Legal Week 13 February 2015.
Mark Helyar discusses Guernsey - Insurance and Reinsurance 2015, published in ICLG 4th Edition. Please click here for full article.
Collateralised re is the fastest growing source of alternative capacity and the good news is that it looks like it’s here to stay. It is now the dominant source of alternative reinsurance capacity and investors and capacity providers are increasingly seekin...
Captive Review speaks to leading industry figures in Europe's biggest captive insurance domicile, Guernsey. Published in Captive Review Guernsey 2015. Please click here for full report.
Stephen Adams and Kristian Wilson discuss Emerging opportunities in Asia for BVI products. Published in Business BVI, January 2015.
There has been continued growth in companies incorporated outside England using the scheme of arrangement regime contained in the UK Companies Act 2006 to restructure debts governed by English law. But in what circumstances should the debtor also initiate a...
Simon Pascoe and Kristian Wilson discuss "The BVI Stepping Stone to Russia", published in the IFC Economic Report, November 2014
Bedell Cristin partner Zillah Howard discusses Foundations: popular addition to structuring opportunities in Jersey, published in Women in Business Law Expert Guides.
An Offshore Perspective on How to Deal with Divorcing Beneficiaries. Published in PCB Issue 4 of 2014, Sweet & Maxwell.
Foundations v Trusts (now the dust has settled), Edward Bennett looks at the pros and cons when using a trust or foundation to protect assets. Published in eprivate client magazine 2014.
Kristian Wilson looks at the rationale and use of offshore jurisdictions in the People's Republic of China. Originally published in Tsinghua China Law Review, 6TSINGHUA CHINA L. REV. (2014)
Lisa Springate looks at the impact on EU and US sanctions on Jersey. Published in Quorum Newsletter June 2014.
Mark Dunlop looks at Jersey's new security regime. Published in Jersey - First for Finance May 2014.
Litigation: Lisa Springate comments on the impact of sanctions on Jersey for Legal Week
Senior Associate, Nancy Chien says that significant changes are on the horizon for pensions in the Island. Published in JEP Law and Accountancy Review 2014.
Two Islanders who are currently pursuing law courses with the Institute of Law reveal their very different reasons for choosing to resume their studies. Published in JEP Law and Accountancy Review 2014.
Kerrie Le Tisser explains why non-charitable purpose trusts can be a useful tool for estate planning and wealth preservation. Published in Private Client Practitioner Guernsey Report 2014.
Nancy Chien, examines the reason behind a growing number of Channel Islands firms' decision to establish themselves in the Far East. Published in Business Brief - December 2013.
Alasdair Davidson and Rupert Morris discuss how to keep you and your data safe when using cloud-computing services. Published in STEP Journal December 2013 / January 2014.
Henry Wickham, a solicitor in the international private client team, and the student liaison officer for STEP, explains many benefits of a STEP qualification - published in the JEP Careers & Employment Review December 2013.
Guernsey Finance discuss why Guernsey is the perfect jurisdiction for undertaking ILS.
The Channel Islands Stock Exchange has launched an extractive industries sting initiative written by Associate Amedeo Claris-Delmedico and William Prast - published in Mining Journal 29 November 2013.
BVI: Stephen Adams and Kristian Wilson look at The BVI - Asian Relationship - published in IFC Caribbean 2014.
Savvy investors do detailed due diligence as early as possible, and it's simple but effective in the BVI, says Valerie Georges-Thomas - published in the Private Client Adviser magazine, October 2013.
Zillah Howard examines the opportunities for clients from Russia and CIS when investing in Jersey - published in Private Client Practitioner special review - September 2013.
The Effectiveness of the award: Recognition and Enforcement of Foreign Judgements and Arbitral Awards by Dina El-Gazzar.
Your first house purchase is one of the biggest and most exciting steps you will take in your life and it is a step made easier if you plan carefully and take good advice, Peter Bertram writes - published in Gallery magazine - July 2013.
Jon Barclay discusses client data: manage the risk and avoid the crisis - published in Blue Skies magazine Issue 32 - June 2013.
Kate Ovenden, Partner writes the Guernsey Chapter for Alternative Investment Funds 2013. This article appeared in the 1st edition of The International Comparative Legal Guide to: Alternative Investment Funds 2013; published by Global Legal Group Ltd, London...
Martin Paul, Partner writes the Jersey Chapter for Alternative Investment Funds 2013. This article appeared in the 1st edition of The International Comparative Legal Guide to: Alternative Investment Funds 2013; published by Global Legal Group Ltd, London (w...
Lisa Springate and Dina El-Gazzar examine the importance of the landmark decision in Re The Shinorvic Trust - published in Trust and Estates Law and Tax Journal, June 2013.
Peter Bertram, property team partner, explains the evolution of law covering the sale of flats - published in the JEP Homelife supplement - June 2013.
A modern take on an old classic by Lisa Springate and Dina El Gazzar - published in ACTAPS newsletter May 2013.
Nancy Chien, senior associate in the Private Wealth and Fiduciary, examines the importance of not falling foul of HMRC when moving benefits in a UK pension scheme in Jersey - published in the JEP Business Review - 14 March 2013.
The Channel Islands are set to face a new regulatory regime later this year when a European directive targets alternative investment fund managers. Martin Paul reports - published in The Global Legal Post - 9 March 2013. Please click here for the full Ar...
Mark Helyar, Partner writes the Guernsey Chapter for Insurance & Reinsurance 2013. This article appeared in the 2nd edition of The International Comparative Legal Guide to: Insurance & Reinsurance; published by Global Legal Group Ltd, London (www.iclg.co.uk)
David Cadin looks at the increasing mountain of data generated and stored by businesses - published in the JEP Law & Accountancy Review - 13 February 2013.
Landmark decision reached on the validity of litigation funding in Jersey by Lisa Springate and Robert Gardner. Published in Trusts and Trustees Volume. 19, number. 1 - 1 February 2013.
Employment law expert Vicky Milner was lead adviser to the IoD on the new anti-discrimination laws. Published in the Jersey Evening Post 30 January 2013.
Zillah Howard considers the benefits of Jersey foundations for philanthropic purposes - article first published in STEP Journal December 2012/January 2013.
Alasdair Davidson upates readers on Guernsey insolvency - published in International Corporate Rescue Magazine Vol 9 issue 6.
Lisa Springate and Tim Wright write about the recent case of the Shinorvic Trust  JRC 081, the Royal Court of Jersey had to consider whether an old principle of English equity applied in Jersey and, if so, whether it applied in a modern, unconventiona...
Alasdair Davidson, cites how to ruin a business in 140 characters or less - published in Blue Skies magazine September 2012.
Lisa Springate and Tim Wright on the Shinorvic Trust case and the application of an English principle in Jersey: Equity aids the defective execution of a power - copyright Society of Trust and Estate Practitioners - article first published in STEP Journal V...
Mark Helyar, Partner, takes a look at the world of insurance law - published in Lawyer Monthly August 2012.
Lisa Springate says that the decision in the Shinorvic Trust case may alter the attitude of the English courts. Published in the JEP on 18 July 2012.
Jersey opens its doors to litigation funding by Lisa Springate and Robert Gardner - published in ACTAPS newsletter July 2012.
Mark Helyar, Partner discusses "What is ILS Investment?" - published in Global Business Magazine June 2012.
Alasdair Davidson and Jon Barclay look at the increasing success of different ways of resolving disputes outside the courtroom - published in the Business Review, Guernsey Press 18 June 2012.
While charitable and non-charitable purpose Trusts in Jersey have been used for philanthropy, there's a growing interest in foundations, says Zillah Howard, published in STEP Journal 2012. Copyright Society of Trust and Estate Practitioners, article firs...
Caroline McGrath, lawyer, casts an eye over new codes of practice which have been brought in for certified funds - published in JEP Funds Review May 2012.
Lisa Springate and Robert Gardner discuss the landmark decision reached on the validity of litigation funding in Jersey - published in STEP Journal April 2012.
The funds industry in Jersey is anticipating the launch of new codes of practice for certified funds (the "Codes"), to be implement from 31 March 2012 - published in the CISX Bulletin Board magazine Spring 2012.
Mark Helyar, Partner writes the Guernsey Chapter for The International Comparative Legal Guide to: Insurance & Reinsurance 2012 - published by Global Legal Group Ltd, London March 2012.
It has become extremely easy to take a public tumble over Twitter, Facebook and other forms of social media, Alasdair Davidson discusses - published in Contact Magazine February/March 2012.
STEP Jersey Chairman, Steven Meiklejohn praises Mark Dunlop’s comprehensive and authoritative commentary on a complex area of law - published in STEP Journal March 2012.
Advocate and partner Lisa Springate and Advocate Robert Gardner examine a new way to fund litigation - published in JEP Law and Accountancy Review 15 February 2012.
Partner, Zillah Howard explais why Jersey is an ideal jurisdiction in which to establish philanthropic structures - published in Jersey Finance Magazine 13 January 2012.
Alasdair Davidson, partner, litigation group at Bedell Cristin in Guernsey, considers commercial litigation funding - published in the Guernsey Press, Law and Accountancy Review 12 September 2011.
Partner, Zillah Howard looks at using Jersey trusts and foundations for philanthropic purposes - published in STEP Journal December 2011/January 2012.
Since April this year there have been two new types of legal vehicle available in Jersey: the separate limited partnership ('SLP') and the incorporated limited partnership ('ILP'), Richard Le Liard reports - published in Connect magazine Aug/Sept 2011.
When we look back over the last half century we can also learn about the time yet to come, says Anthony Dessain, Senior Partner, - published in the JEP Finance Industry Review September 2011.
Zillah Howard, Partner highlights some of 2011's Royal Court decisions in relation to trusts - published in Private Client Practitioner's Jersey Report 2011.
Behind every successful business is a team of dedicated personnel but what we often overlook is the contribution busy professionals make to our island community - published in Guernsey Chamber of Commerce Contact Magazine June/July 2011.
Guy Le Sueur, Partner looks at the benefits to people and investment businesses when relocating to Jersey - published in the Hedge Fund Journal May 2011.
Mark Helyar discusses the different investment-wrapper option that the Guernsey captive jurisdiction is able to offer to investors interested in the jurisdiction - published in Captive Review Guernsey Report 2011.
Advocate Guy Le Sueur offers some guidance on engaging an estate agent - published in the JEP Homelife supplement 30 September 2010.