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Getting it right: how to make a successful application for the appointment of provisional liquidators
The main job of a judge is to determine and uphold rights of property ownership, so applications to appoint provisional liquidators tend to go against the judicial grain.
Tantular v AG: Royal Court in Jersey provides clarification as to the impact of saisies judiciaires on discretionary trusts
A saisie judiciaire may not be granted over the assets of a discretionary trust merely on the grounds that the offender (or suspected offender) is a beneficiary.
This briefing focuses on the case of Taylor Fladgate & Yeatman Ltd v Comptroller of Taxes.
The dispute has given rise to a number of decisions touching on recognition and assistance to foreign insolvency practitioners, receivers and government agencies.
In March 2013, the Guernsey Royal Court in Jackson v Dear et al provided clarity in relation to an intriguing area of company law, namely the derivative claim.
Rectification is about ‘putting the record straight’. That does not mean that the court can re-write history should one of the parties subsequently have a change of heart.
In VTB Capital PLC v Nutritek International Corp, proceedings were commenced for the purposes of obtaining freezing orders in the BVI against two BVI-incorporated companies.
This article looks at the implications for a trustee in Jersey faced with the difficult situation where it is suspected that trust assets may be the proceeds of crime and/or a civil fraud.
The BVI parliament has now passed the long-awaited Arbitration Act. Although still awaiting formal proclamation, the act is likely to come into force soon.
The Judicial Committee of the Privy Counsel has handed down its decision in the trial of certain preliminary issues in Fairfield Sentry Ltd (in Liquidation) v Migani and Others.
Decisions to grant planning permission are often controversial.
In Crociani v Crociani, the Court of Appeal ruled, for the first time, that it has the power to make an order for an interim payment on account of costs.
In a landmark ruling, the Court of Appeal has clarified what is meant by ‘exclusive jurisdiction’ and ‘forum for administration’.
Cayman Court of Appeal clarifies the scope of the international co-operation provisions of the Companies Law
The Court of Appeal delivered its judgment in the case of Picard v Primeo Fund on 16 April 2014.
Norwich Pharmacal relief — obtaining information relating to a BVI company from its registered agent
This briefing note deals with the circumstances in which and methods by which non-public information about a BVI company can be obtained by a third party.
The court has emphasised the onus on a plaintiff to ensure their case is progressed expeditiously and the need to balance that obligation with the European Convention on Human Rights.
Guernsey: all potentially interested parties to be considered by the court when blessing a decision of trustees
The Guernsey Court of Appeal has upheld a decision blessing a trustee’s decision to pay for the costs of refinancing a trust asset from the assets of a family trust.
Jersey has approximately 30 tax information exchange agreements currently in force, with more in various stages of negotiation and agreement.
The Garnet litigation highlights the potential repercussions for banks and financial institutions in reporting suspicion and a resulting refusal of consent by the FIS.
To appeal a decision of the Royal Court, a party must serve a notice of appeal within one month from the date the judgment or order was ‘pronounced’.