"Their response times are excellent and their business acumen and industry knowledge are exemplary. They provide us with a thorough all-round service and explain complex issues in an easily understandable manner."Chambers 2017
"They have got strength in depth and the lawyers there are very quick, pragmatic and always have an eye on the commerciality."Chambers 2018
"Very user-friendly, giving clear and direct advice."Legal 500 2017
"Wide breadth of legal experience means a one-stop solution to legal needs."Chambers 2019
"Incisive, with good connections to leading counsel."
Our internationally recognised litigation team enjoys top tier status with both the Chambers and Legal 500 legal directories. We are consistently instructed to act in the highest profile disputes in the Cayman Islands, Guernsey and Jersey and have been at the forefront of litigation for many years. Many members of the team have worked previously with City of London law firms, at the English Bar or gained experience in other offshore jurisdictions, and we regularly work alongside highly respected international law firms in cross-border matters.
We act for a wide range of financial institutions, fiduciary service providers, commercial entities and private individuals. Through our "partner-led" approach, clients have ready access to one of our experienced litigation partners throughout the duration of the case.
Our practice is focussed on three key areas:
Commercial Disputes and Fraud
We regularly act in high value commercial disputes. We can assist the client to obtain a resolution to cases where appropriate (whether by mediation or negotiation), but we also have the expertise to pursue cases through to a successful conclusion at trial. The subject matter of our cases is diverse: contract claims, investment disputes and mis-selling, professional negligence (including clinical negligence) and insurance claims, shareholder and joint venture disputes, partnership and employment disputes and disciplinary issues. We also regularly advise on directors' duties. We can assist with the registration and enforcement of foreign judgments in the Channel Islands.
Where fraud is alleged, we have extensive experience of obtaining urgent orders for disclosure and the freezing of assets held in the Channel Islands, and of obtaining recognition of foreign court appointed receivers. In fraud cases we often act as part of an international team of lawyers in different jurisdictions to maximise our clients' prospects of securing and recovering assets.
Contentious Trust and Probate
We have one of the largest contentious trust and probate teams in the Channel Islands. Our team works closely with senior and experienced practitioners in our private wealth and fiduciary group to provide the best possible advice on each case.
As well as providing practical assistance and advice, we have particular expertise in relation to novel and challenging applications and generally in obtaining sanction from the Court in complex cases.
We act regularly, whether for trustees or beneficiaries, in some of the most complicated breach of trust actions to come before the courts in the Channel Islands.
We have extensive experience of dealing with regulatory investigations and enforcement actions, both for regulated entities and the regulator, often to challenging timescales. Our experience acting for the regulator gives us an insight into its concerns and priorities, helping us to provide tailored advice and to deliver successful solutions to regulated entities.
We also advise on sanctions, Tax Information Exchange Agreements (TIEA) requests, anti-bribery and corruption, anti-money laundering and competition issues, and all aspects of data protection, document retention and information governance.
They have got strength in depth and the lawyers there are very quick, pragmatic and always have an eye on the commerciality.Chambers 2018
Their response times are excellent and their business acumen and industry knowledge are exemplary. They provide us with a thorough all-round service and explain complex issues in an easily understandable manner.Chambers 2017
Responsive and pragmatic Bedell Cristin boasts a strong brand reputation as a commercial and client-centric firm which understands the need for practical, user-friendly advice.Legal 500 2018
The Cayman Islands Ombudsman has issued new Guidance on Monetary Penalty Orders v1.0 under the Cayman Data Protection Law 2017.
The authors and editors of Jersey Insolvency and Asset Tracking have announced that the fifth edition of the publication, which is over 500 pages long, is now available online.
The English High Court ("Court") has found that an arbitrator could consider a letter containing an offer of settlement but not expressly marked "Without prejudice" on the subject of costs.
As of 1 October 2019 lists of names of the current directors and alternate directors of a company ("Company") incorporated in the Cayman Islands ("Cayman") and of the current managers of a Cayman limited liability company ("LLC") will be available on request.
In August 2019, the Commercial Court in London ("Commercial Court") granted an asset preservation order ("APO") over Bitcoin.
Lisa Walmisley has joined Bedell Cristin’s British Virgin Islands (BVI) office as Counsel to bolster the firm’s litigation and dispute resolution practice.
Tim Wright has joined Bedell Cristin’s British Virgin Islands (BVI) office as partner and head of its litigation and dispute resolution practice.
A creative solution by Advocate Edward Drummond, recently appointed as amicus curiae to assist the Jersey Court, resolved 20 years of trustee directions in The matter of the Banayou Trust  JRC 078.
Bedell Cristin Partner Edward Drummond is co-hosting a panel session, 'Trust litigation in the offshore world: the London connection', at London International Disputes Week (LIDW) 2019.
With the Cayman Islands already the leading jurisdiction for the formation of international investment and financial structures, it comes as no surprise that the jurisdiction has achieved pre-eminence in the establishment of companies undertaking initial co...
A decision of the Ontario Superior Court has considered what remedy might be appropriate where a trustee has made significant breaches of trust through an innocent lack of understanding.
The Cayman Islands Grand Court has given important guidance on when a Limited Partner of a Cayman registered Exempted Limited Partnership ('ELP') can insist that a General Partner (‘GP’) provides them with “true and full information” on the financial state ...
In Re Fountain Street Development Limited, the Royal Court ordered individual directors, and not the company, to pay the legal costs of a shareholder led winding-up application that was sought on "just and equitable" grounds.
For the first time, the Court of Appeal ("CA") has considered the rectification of trusts in Jersey and expanded the long-standing three stage test with a new seven stage test in B and C v Virtue Trustees (Switzerland) AG and Ors re The C Trust JCA219...
Legal 500 has released its 2019 Caribbean Guide, and partners Laura Hatfield and Ian Jamieson have been named as leading individuals.
Bedell Cristin has won Contentious Trusts and Estates Team of the Year (midsize firm) at the STEP Private Client Awards, held in London on 7 November.
A recent dispute highlights the benefit of adopting alternative enforcement routes against company directors.
Is it time to check if your sole recourse and exclusive jurisdiction clauses cover non-parties?
A recent judgment in London provides a reminder to those seeking an ex parte worldwide freezing order ("WFO") that they must give full and frank disclosure when making the application. Failure to do so can be catastrophic and costly.
Jasmin Semlitsch, a senior associate at Bedell Cristin, has been named on eprivateclient’s Top 35 Under 35.
The Jersey Court of Appeal decision in the long-running Crociani litigation has now been published. Bedell Cristin act for the successful plaintiffs, Cristiana Crociani and her children, whose claims for breach of trust were all upheld.
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...
After a further trial in the Crociani matter, the Royal Court has ordered the defaulting trustees to pay a further $33m into the Grand Trust, in addition to the $100m already ordered.
Bedell Cristin Senior Associate, Jasmin Semlitsch, has been named as one of the 2018 eprivateclient Top 35 Under 35s in the Channel Islands. This initiative is designed to identify, recognise, promote and introduce the islands' rising stars of the private c...
Bedell Cristin has bolstered its Guernsey team through the appointment of Richard Harrington as an Associate in the Litigation team and Jennifer Mills as Legal Assistant in Financial Services.
AIJA will host a family office conference from 12-14 July 2018, open to AIJA members and non-members alike. The event is expected to attract attendees from across the UK and offshore jurisdictions; it is targeted at family offices, providers of family offi...
Partners, Robert Gardner and Alasdair Davidson, will be speaking at an international contentious trusts conference hosted by Boodle Hatfield, Charles Russell Speechlys, Clifford Chance, Forsters, Stephenson Harwood and Taylor Wessing.
Bedell Cristin has advised MayAir Group plc on all Jersey law matters (corporate and litigation) in relation to the £50,000,000 acquisition of MayAir Group plc by Poly Glorious Investment Company Limited.
Bedell Cristin Partner, Alasdair Davison, is a speaker at the forthcoming international trust conference in Geneva. His presentation will focus on the high-profile court case of Crociani & O’rs vs Crociani & O’rs  JRC146.
Bedell Cristin’s litigation team successfully argued for protection for innocent third parties in the context of pre and post-judgment disclosure orders before the Jersey Royal Court in two recent cases.
Bedell Cristin has appointed Shuvra Deb as its new Senior Associate to its growing litigation team in Guernsey.
On 16 February 2018 in Re the Achilles Trust, the Royal Court granted - for the first time - an order setting aside a transaction made by a trustee of a Guernsey trust on the grounds of what has become known as the rule in Hastings-Bass - a jurisdiction int...
"Online fraud", "cyberattack" and "phishing" are just some of the buzz words making frequent headlines in the news and keeping business owners awake at night.
This full-day event will focus on current challenges being faced by Mediterranean-based organisations and international finance centres as they seek to detect, prevent and disrupt financial crime in their regions. Against a backdrop of industry-wide demand ...
On 11 September the Royal Court handed down its judgment in Crociani & O'rs v Crociani & O'rs  JRC146 in favour of the Plaintiffs, Cristiana Crociani and her minor daughters, following the trial, which ran from mid-January until early April 2017. The...
Bedell Cristin Jersey and Guernsey have been shortlisted for 'Law Firm of the Year' in the Citywealth IFC Awards 2018.
Bedell Cristin Partner, Lisa Springate, has been shortlisted in the ‘Woman of the Year, Leadership (Professional Services)’ category in the Citywealth Powerwomen Awards 2018.
There has been a great deal of activity across the Channel Islands because of the pending introduction of the European Union’s General Data Protection Regulation (GDPR).
Two of our experienced private client lawyers, Alasdair Davidson and Zillah Howard, are included in the re-launched Legal Week Private Global Elite.
Bedell Cristin is a finalist in two categories of the prestigious STEP Private Client Awards 2017/18.
Bedell Cristin has been shortlisted for ‘Offshore Law Firm of the Year’ in the prestigious annual awards organised by The Lawyer.
Alasdair Davidson, a partner and head of litigation at Bedell Cristin’s Guernsey office is to speak at the forthcoming inaugural international contentious fraud and trusts conference organised by a panel of top lawyers from leading London law firms.
Bedell Cristin Partner, Edward Drummond is one of the expert speakers discussing the implications of the General Data Protection Regulation (GDPR), the new EU Regime on data protection which will impact on businesses in the Channel Islands when it is introd...
Two Bedell Cristin partners will be speaking at a seminar devoted to legal updates and developments in Jersey insolvency law and practice.
Bedell Cristin Guernsey has appointed a number of experienced lawyers to strengthen its teams and to support the continued growth of the firm.
Bedell Cristin has been awarded the Offshore Client Service Award at the prestigious Chambers Europe Awards.
Partner, Lisa Springate, will be highlighting the responsibilities facing company directors when she speaks at a seminar later this month together with Charlotte Valeur of Board Apprentice and others.
Three Advocates from Bedell Cristin, Rebecca McNulty, Laura Hendrick, and Richard Laignel were recently sworn in at Jersey’s Royal Court.
Two Bedell Cristin partners are panellists at forthcoming international trust conferences, the largest staged in the Channel Islands
Jon Barclay and Alasdair Davidson have obtained orders for the compulsory liquidation of Midland Resources Holding Limited, an international joint venture holding company, on just and equitable grounds.
Guernsey's Policy and Resources Committee has recently submitted its proposals for the establishment of a Register of Beneficial Ownership for consideration by the States of Guernsey at its sitting on 15 February 2017.
Finance professionals were alerted to future UK legislation focusing on tax evasion and avoidance and wider corporate economic crime in a seminar hosted by us last week entitled ‘Business Ethics – The Bribery Act was just the start…'
Partner, Alasdair Davidson, has been invited to speak at a one day symposium hosted by ACAMS (Association of Certified Anti Money Laundering Specialists) on February 9 2017.
The management buyout of Bedell Trust has completed following regulatory approvals. As a result, Bedell Cristin is now a wholly separate business to Bedell Trust.
Bedell Cristin Guernsey has announced that two of its leading lawyers, Advocate Jon Barclay and Advocate Richard Sharp, have become partners in the firm.
Bedell Cristin has appointed Advocate Kate Ovenden as the new Managing Partner of its award winning Guernsey office.
Litigation partner, and Bedell Cristin’s new Managing Partner, David Cadin, has been re-elected to the post of Bâtonnier.
Bedell Cristin acts for incumbent trustee in complex application dealing with issues of trust law, criminal law, money laundering and international cooperation.
Bedell Cristin, commercial litigation partner, Lisa Springate has been invited to speak at the annual Trusts Conference hosted by BL Events in Jersey, on 25 May 2016.
Bedell Cristin partners, Lisa Springate and James Campbell, have been invited to speak at the Anti-Money Laundering, Financial Crime and Sanctions Conference hosted by Infoline in Jersey, on 26 May 2016.
Bedell Cristin successfully represented the first-named Defendant, an Italian lawyer who spoke very little English
Bedell Cristin has acted for Joint Liquidators in the winding up of three Jersey companies ordered under Article 155 of the Companies (Jersey) Law 1991.
In a recent decision of 23 September 2015, in the matter of the Piedmont Trust and in the matter of the Riviera Trust  JRC 196, the Royal Court in Jersey examined the extent of the duties of a person exercising a power to appoint trustees and protecto...
JFSC directions, disqualification, criminal and civil penalties: there are a plethora of Jersey domestic provisions covering the ways in which sanctions of this nature can be imposed on Jersey directors.
On 3 August 2015, the Privy Council has helpfully explained the nature of the credits and debits that apply when operating a bank account.
On 19 August 2015 the Royal Court of Guernsey issued an important Practice Direction concerning the information which will be required to accompany any future application for the appointment of a liquidator or administrator.
An outline of recent developments in how litigation can be funded, both in the Jersey and English Courts, attracted a wide range of senior finance professionals to a seminar hosted by Bedell on 8 July 2015 entitled ‘The New Dawn in Litigation Funding’.
Two Bedell Cristin partners were recognised as leaders in their field across Europe in the Europe Women in Business Law Awards organised by Euromoney Legal Media Group.
Bedell Cristin has been shortlisted in the prestigious STEP (Society of Trust & Estate Practitioners) Private Client Awards for 2015.
Litigation funding arrangements were first approved by the Royal Court in Jersey in 2011. Since then the market and legal thinking has developed and the options available have increased such that illiquidity, limited assets or simply a desire not to risk ev...
Bedell has been shortlisted in the ‘Offshore Law Firm of the Year’ category in the prestigious Asian Legal Business SE Asia Awards 2015 for the third consecutive year.
Bedell Crsitin has been shortlisted for a further industry awards adding to the accolades achieved to date this year.
Bedell Cristin partner Edward Drummond is due to speak at C5's 28th Forum on Fraud, Asset Tracing and Recovery in Geneva.
Partner Robert Gardner acted for the settlor of the Strathmullan Trust who had settled substantial funds into a Jersey law trust some 15 years ago.
Bedell Cristin partners have been shortlisted in the WealthBriefing European Awards 2015.
Partner Robert Gardner and Senior Associate Paul Lewis acted for Hans-Peter Dohr in a dispute relating to Mr Dohr's former directorships of two Jersey airport infrastructure and power investment funds which previously had €1.3 billion under management.
Anthony Robinson, assisted by David Cadin, Edward Drummond and Dina El-Gazzar recently acted for Christopher Rokos, one of the co-founders and a highly successful trader with Brevan Howard (the largest hedge fund manager in Europe).
Bedell partner, Lisa Springate, was the only Jersey lawyer included among 24 individual award winners from firms across the country, including partners in many of the leading City law firms, in the Citywealth Power Women Awards 2015.
Bedell Cristin Guernsey has been named Offshore Law Firm of the Year in the UK Captive Services Awards 2015.
Bedell has been recognised in a number of industry awards.
In recent times, there has been a marked increase in the use of co-ordinated economic sanctions by the European Union, the United Nations and individual states against rogue states and organisations and, on a targeted basis, against specific individuals and...
The Privy Council has delivered a significant ruling on trust jurisdiction clauses in Crociani & O'rs v Crociani & O'rs  UKPC 40.
The amazing tale of Mukhtar Ablyazov, a Kazakh oligarch alleged to have committed a multi-billion dollar fraud, was the subject of a seminar jointly hosted by Bedell Cristin and KPMG at the Pomme D'Or on 5 November 2014.
Bedell Cristin partners Anthony Dessain and Edward Drummond and Associate Jessica Bermingham have acted on the recent successful restructuring of syndicated bank facilities of over $5 billion for United Company Rusal plc ("Rusal"), a Jersey company listed o...
We are pleased to announce our membership of the World Services Group (WSG) representing both Jersey and Guernsey in the Channel Islands. We are looking forward to working with other member firms and developing our membership.
The Court of Appeal in Jersey has broken new ground by ordering an interim payment on account of costs in Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & O'rs  JCA 095.
The Royal Court of Guernsey has delivered a landmark ruling in the matter of Esquire Realty Holdings Limited on 16 April 2014.
Alasdair Davidson, assisted by Jon Barclay led the successful application in the matter of Esquire Realty Holdings Limited on 16 April 2014.
Bedell Cristin has been named ‘Offshore Law Firm of the Year’ at the Chambers Europe Awards for Excellence 2014.
The Court of Appeal in Jersey has set a new test for permission to appeal from all future decisions of the Royal Court in civil proceedings.
The Court of Appeal in Jersey has delivered a landmark ruling in Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & Others  JCA 089 (“Crociani”).
Bedell Cristin recently advised and acted for a Jersey company (the "Company") in respect of a challenge to a notice issued pursuant to Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008 (the "Regulations") by the Comptroller ...
On 4 March 2014, the Royal Court gave judgment in Boyd v. Rozel Channel Islands Limited and Others  JRC056
Acting for Chevron Corporation in litigation and related issues in Guernsey.
INSOL Channel Islands One Day Seminar - 12 June 2014
Bedell Cristin is currently advising a number of trust companies and individuals in relation to requests under Tax Information Exchange Agreements ("TIEAs").
Bedell Cristin acted for JT (Jersey) Limited ("JT") in successfully overturning a decision of the Jersey Competition Regulatory Authority ("the JCRA") which would have modified JT's licence and required JT to implement a new system of wholesale line rental.
The Channel Islands insolvency body, the Association of Restructuring and Insolvency Experts ('ARIES') has had its membership of the premier global insolvency body, INSOL International, ratified.
Bedell has two people from its legal teams recognised in the Citywealth Jersey’s future leaders list for 2013, more than any other Jersey firm.
On 9 October 2013, the Trusts (Amendment No. 6) (Jersey) Law 201-, the terms of which were summarised in our e-alert dated 17 July 2013 (please click here to review), was approved by the Privy Council.
Acting for the beneficiaries of a Jersey law trust in the first Hastings-Bass application after the Supreme Court judgement in Futter-v-Futter / Pitt-v-Holt.
Bedell Cristin litigation partners, Mark Taylor and Lisa Springate have been invited to speak to members of the STEP Committee in Geneva on 17 October 2013.
On 17 September 2013, the Royal Court of Jersey delivered a judgment, In the matter of The Onorati Settlement  JRC 182.
In a tradition which dates back to at least 1309, the Royal Court of Jersey yesterday held its annual Assise d'Heritage which marks, with much pomp and ceremony, the opening of the legal year in Jersey.
Acting for the Plaintiffs in breach of trust proceedings seeking restitution of in excess of US$ 100m.
Bedell Cristin has appointed Rob Gardner and Edward Drummond as partners to further strengthen the firm’s top ranking litigation group in Jersey.
Bedell Cristin Litigation Partner, Lisa Springate has been invited to speak at the "International Trust and Estates Litigation Conference" to be hosted by Butterworths Conferences in London on 30 September 2013.
It has been announced that Bedell Cristin’s Litigation Partner, David Cadin, has been appointed to the post of Bâtonnier.
Jersey's government has approved an amendment to the Island's trusts legislation which will enshrine in statute the existing Jersey case law provisions in relation to mistake and Hastings-Bass.
In the case of In the Matter of the Dunlop Settlement  JRC 123 the Royal Court of Jersey has provided useful guidance as to the costs position of a beneficiary convened to a neutral application relating to the administration of the trust.
Acting for Deloitte LLP, the joint administrators to the four companies that hold the 35 property strong “Gemini” securitised property portfolio.
The Royal Court of Jersey has handed down its judgment in the most recent hearing of the proceedings brought by Barclays Wealth Trustees (Jersey) Limited and Barclays Wealth Fund Managers (Jersey) Limited as trustee and manager of the R2R Funds against the ...
Bedell Cristin has been named ‘International Law Firm of the Year’ in the Citywealth Magic Circle Awards 2013.
In the Matter of the Representation of C, D, E and F and In the Matter of the A and B Trusts  JRC 169A, in a judgment released at the end of April, the Royal Court of Jersey has provided welcome guidance as to the scope of the duties of a trust protec...
Bedell Cristin Partner, Lisa Springate has been shortlisted for the 'Best in Offshore' in the Europe Women in Business Law Awards organised by the Euromoney Legal Media Group.
Ability to order interim payments on account of costs confirmed
The Golden Thread has been referred to in several recent cases, including by the English Supreme Court in the well known case of Rubin v. Eurofinance SA; New Cap Reinsurance Corp Limited v. Grant  UK SC 46. This case examined the effect of enforcement...
Bedell Cristin Partner David Cadin will be chairing one of the sessions as a confirmed speaker at the prestigious Law Via the Internet (LVI) conference to be held in Jersey this September.
Received wisdom may be that discovery is a stage in litigation which is only reached after pleadings have closed and which requires the parties to that litigation to list the relevant documents that are or were within their custody, power or possession and ...
Bedell Cristin has been included in the short list for International Law Firm of the Year
Cloud computing has been much publicised as the next big innovation in business computing. Over the past 12 months, internet companies such as Google, Microsoft and Amazon have ramped up their offering of cloud services, selling the convenience of 24/7 acce...
Bedell Cristin hosted a seminar yesterday, Thursday 14 March, at the Old Government House Hotel in Guernsey on the subject of data management and, in particular, electronic data management.
Bedell Cristin has continued to bolster the pan-Channel Island capabilities of its litigation team.
The Supreme Court has now given its judgment on the eagerly awaited appeal by Prudential regarding whether or not legal advice privilege should be extended to communications in connection with advice given by professional people who are not qualified lawyers.
The enforcement of English matrimonial orders against Jersey trusts has undergone huge change in recent times, including the latest changes made by the Trusts (Amendment No.5) (Jersey) Law 2012.
A team from Bedell Cristin acted for Longreach Oil & Gas Limited (a Jersey company) ("Longreach") on its successful acquisition of APIC Petroleum Corporation (a Canadian company) ("APIC").
There is a long-standing principle in English law that, in certain circumstances, equity will aid the defective execution of a power. In the recent case of In the Matter of the Shirnovic Trust, the Royal Court had to consider whether this principle applied ...
We represent the Plaintiffs in the case of "In the Matter of the Valetta Trust".
We are instructed by a Jersey trustee in proceedings involving various family trusts (with different proper laws) and foreign underlying companies.
Acting for Deloitte LLP, the Joint Liquidators of numerous companies in the Belgravia Group.
The English High Court has issued a significant judgment in Republic of Angola v Perfectbit Ltd  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...
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...
March 2018 saw the publication of Calligo Limited v Professional Business Systems CI Ltd  JRC 044; a noteworthy decision of the Deputy Bailiff arguably narrowing the Jersey test for indemnity costs.
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.
On 11 October 2017, the High Court released its latest judgment in the long running saga between Mezhprom Bank and its liquidator, the Deposit Insurance Agency (the "DIA"), and Russian businessman Mr Sergei Pugachev (also known as "Putin's banker").
The Royal Court of Guernsey has jurisdiction to grant freezing injunctions in support of domestic and international proceedings, both before and after judgment.
In modern cross-border litigation it is often absolutely critical to be able to secure evidence and to identify assets in advance of commencing a legal claim. Sophisticated operators commonly deploy a complex and opaque web of international vehicles. Corpor...
Historically, parties in Guernsey have been reluctant to use arbitration as a means of resolving a dispute, largely due to perceived shortcomings in the previous 1982 legislation. The new Law seeks to address these concerns by introducing provisions akin to...
Over recent years, businesses and employers in Guernsey (as in the rest of the world) have come under increased pressure from legislators and regulators alike to take steps to combat financial crime, including money laundering and terrorist financing. Some ...
This briefing explains how foreign judgments may be enforced in Jersey. Jersey has its own legal system and is a separate jurisdiction from that of England and Wales. Judgments obtained outside Jersey which provide for the payment of a sum of money may be ...
This briefing explains how foreign arbitral awards may be enforced in Jersey.
The presumption in Guernsey is that justice must be done in public. Accordingly, unless there is some exceptional factor in any particular case which means the interests of justice can only be served by conducting proceedings in private, all civil hearings ...
This briefing is intended to provide a high-level overview of Guernsey's status as a self-governing jurisdiction with its own independent legal system and jurisprudence. It will be of interest to clients who may not be familiar with Guernsey's unique const...
This briefing provides an outline of the routes of appeal from Guernsey's principal court of first instance, the Royal Court. Note that in minor civil cases which are heard in the Magistrate's Court in Guernsey, or any civil cases which are heard in the Cou...
Proactive case management is a concept that pervades modern Guernsey civil procedure. This briefing outlines the powers of the court with respect to case management, together with various interlocutory procedures which form part of the civil litigation tool...
This briefing outlines the procedural steps which follow commencement of a Guernsey civil claim, including consideration of the types of pleadings which are lodged in Guernsey proceedings and the procedure for amending those pleadings.
Historically, the law against bribery in Guernsey and Sark consisted of a common law offence which was rather uncertain in its ambit and seldom, if ever, tested in court. The position in Alderney was similar, albeit reinforced to some extent by a 1994 statu...
This briefing is intended to provide a high-level overview of how one brings proceedings and for the sake of simplicity this note will cover proceedings in Guernsey alone. It is important to note that the Bailiwick consists of the three separate and distinc...
There have been significant developments in the United Kingdom during the past two decades in the funding of commercial litigation. Some, although not all, of these developments have also impacted on the Jersey commercial litigation market.
In Crociani & O'rs v Crociani & O'rs & Camilla de Bourbon des deux Siciles  UKPC 40 ("Crociani"), the Privy Council has delivered a significant ruling which will have far reaching effects for trust lawyers (both contentious and non-contentious) all ov...
In Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & O'rs  JCA 095 ("Crociani"), the Jersey Court of Appeal has awarded an interim payment on account of costs to the successful Respondents to the ...
In Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & Others  JCA 089 ("Crociani"), Bedell Cristin appeared for the successful Respondents to the appeal in what is already being hailed as a landmar...
In Crociani, Foortse, BNP Paribas Jersey Trust Corporation Ltd & Appleby Trust (Mauritius) Ltd v Crociani & Others  ("Crociani"), the Jersey Court of Appeal has delivered a landmark ruling which will have far reaching effects for trust lawyers (both c...
The Channel Islands comprise Jersey, Guernsey, Alderney, Sark, other islands and islets. The relationship with the British monarchy is a long and strong one. Continental Normandy and the Channel Islands were one duchy at the time of the Norman Conquest of ...
Tax Information Exchange Agreements ("TIEAs") are international agreements which allow governments to exchange information relevant to their domestic tax laws and as provided for within the TIEAs. Jersey has entered into numerous TIEAs, in compliance with t...
The judgment issued on 29 November, 2013 in JT (Jersey) Limited v Jersey Competition Regulatory Authority JRC238 ("JT v JCRA") provides some much needed clarity with regard to the legal test for administrative appeals. The case relates to an appeal u...
Public body decision-makers are often concerned to ensure that decisions they take will not be susceptible to challenge, for instance by making sure they comply with a fair and proper process and taking into account all relevant factors. The judgment of the...
The English matrimonial courts have jurisdiction to vary a trust in accordance with domestic law. This is so, even where the trust is located abroad and governed by the law of another jurisdiction. Thus, 'nuptial settlements' (whether on-shore or off-shore)...
The Intellectual Property (Unregistered Rights) (Jersey) Law 2011 (the "Law") came into force on 18 December 2012. The introduction of the Law marks a significant change to the legal framework in Jersey in relation to unregistered intellectual property rig...
This briefing looks at the principles which apply in relation to the recovery of costs from a trust fund.
Litigation Partner, David Cadin, recently obtained orders from the Master of the Royal Court which extended the boundaries of discovery in Jersey. Proceedings were started by Order of Justice in 2010 for breach of trust against Bedell Cristin's clients and...
2012 has been the year of the cloud. It is estimated that Amazon's cloud services alone now account for at least 1% of all internet consumer traffic and that this is likely to only increase over the next few years. The big internet companies, in particular ...
In any litigation, documents are likely to feature as evidence. Those documents may be significant in their own right or may be crucial in refreshing the memories of witnesses. Disclosure is the legal process pursuant to which the parties to litigation reve...
The Guernsey courts have a selection of tools available to them to enable documents to be obtained from third parties who may be caught up in fraud or other wrongdoing.
The settlement of disputes through without prejudice negotiations, particularly at mediation, is a prominent feature of the post-Woolf litigation world, even in offshore jurisdictions such as Jersey. Parties are encouraged to put their cards on the table wi...
There is a long-standing principle in English law that, in certain circumstances, equity will aid the defective execution of a power. In the recent case of In the matter of the Shinorvic Trust, the Royal Court of Jersey had to consider whether this principl...
In Petrodel Resources Ltd & Ors v Prest & Ors  EWCA Civ 1395 ("Prest"), the English Court of Appeal has delivered a startling ruling which will have far reaching effects for wealthy individuals seeking to protect their assets on divorce.
This briefing explains the crime/fraud exception to legal professional privilege and considers the position in Jersey in light of the English case of BBGP Managing General Partner Ltd and others v Babcock & Brown Global Partners ("BBGP").
This briefing explains the laws governing bribery and corruption in Jersey. Jersey has its own legal system and is a separate jurisdiction from that of England and Wales. To combat bribery and corruption, it enacted the Corruption (Jersey) Law 2006 (the "C...
In any litigation, documents are likely to feature as evidence. Those documents may be significant in their own right or may be crucial in refreshing the memories of witnesses. Discovery is the legal process pursuant to which the parties to litigation reve...
This briefing focuses on mediation, perhaps the most common form of alternative dispute resolution ("ADR") procedures. Mediation is widely used in the UK and has well established advantages over traditional litigation including: substantial costs savings a...
As divorce and remarriage become more commonplace, many are realising that it may be prudent not to rely on the promise of ever lasting love, especially where finances are concerned. Paradoxically, your spouse is probably the greatest threat to your wealth ...
This briefing is intended to provide answers to some of the key questions that you may have regarding family law proceedings in Jersey whether you are married, unmarried or in a civil partnership.
The purpose of this briefing is to summarise the procedure for obtaining evidence in Jersey at the request of a foreign court (the "Requesting Court") in civil or commercial proceedings pending or in contemplation outside the Island.
This briefing looks at the importance of "knowing your client", an important obligation that sits on many financial and non-financial services businesses, including law firms, in the context of recent Jersey litigation where the client of a bank had his ass...
The purpose of this briefing is to set out how and when the Jersey courts will grant Mareva relief to assist litigants in foreign jurisdictions.
In many cases, Alternative Dispute Resolution ("ADR") might offer a more cost effective, time efficient solution to dealing with a dispute than traditional litigation. This briefing gives an overview of the approach to ADR in Jersey.
The law relating to the admission of evidence in civil proceedings in Guernsey has been overhauled. On 28 April, 2011 the Evidence in Civil Proceedings (Guernsey and Alderney) Law 2009 came into force and it has removed many previous restrictions concerning...
This briefing explains how foreign judgments may be recognised and enforced in Guernsey.
The usual costs rule in litigation is that the losing party pays the winning party's reasonable legal costs. If a Defendant fears that a Plaintiff will not or will be unable to pay those costs, it can attempt to safeguard against that risk by bringing an ap...
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.
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.
Alasdair Davidson and Rupert Morris discuss the role of protectors in Guernsey trusts. Published in the STEP Journal - April 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.
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.
Alasdair Davidson discusses innovating pre-packs. Published in Legal Week September 2014.
Anthony Robinson and Eason Rajah QC write about jurisdiction clauses in trusts - published in Trust and Trustees, 29 April 2015.
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.
A modern take on an old classic by Lisa Springate and Dina El Gazzar - published in ACTAPS newsletter May 2013.
Lisa Springate and Robert Gardner discuss the landmark decision reached on the validity of litigation funding in Jersey - published in STEP Journal April 2012.