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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.
The States of Jersey have passed an amendment to the Employment (Jersey) Law 2003, incorporating a number of ‘family-friendly’ rights into the legislation.
A long-anticipated overhaul of the Cayman Islands Exempted Limited Partnership Law was enacted on 2 July 2014. This article summarises the key changes.
Private equity funds are set to benefit from updates to the Cayman Islands exempted limited partnership law.
The Contracts (Rights of Third Parties) Law 2014 is now in force.
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.
The Exempted Limited Partnership Law 2014 was enacted on 2 July 2014. The changes in the new law are designed to confer greater contractual flexibility upon partners.
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.
The current insolvency regime in Jersey can be traced back to the 18th century.
This article concerns the investigation of antecedent transactions during the course of the winding up of a company.
The Contracts (Rights of Third Parties) Law 2014 enables parties to a contract to give third parties the ability to enforce rights expressly granted to them in the contract.
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 topics considered in this update have, by accident rather than design, an anti-money laundering flavour to them.
In Guernsey and Jersey there are currently no statutory provisions which dictate how a disciplinary procedure should be conducted.
In the recent UK case of Woodhouse v West North West Home Leeds, the Employment Tribunal’s original judgment was overturned by the Employment Appeal Tribunal, producing an interesting outcome and one which some employers may find unpalatable and a step too far…...