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Jersey Court of Appeal confirms rights of non-trustee fiduciaries to an indemnity out of the trust fund
On appeal from the Royal Court, the Jersey Court of Appeal held that a fiduciary in relation to a trust had an identical right of indemnity in equity out of the trust fund as a trustee.
The interpleader proceedings in Guernsey are dealing with substantial assets claimed to be the proceeds of a fraud alleged against Nikolai Battoo and the BC Capital Group.
Interim injunctive relief is a powerful tool and the ability to freeze a defendant’s assets to prevent dissipation before a matter reaches trial can be an important protective step.
This briefing concerns the latest judgment in the Ablyazov matter following a third application brought by English court appointed receivers, in which the Jersey Royal Court held that it had jurisdiction to appoint the receivers (whose appointment had been recognised by the Jersey Court in an earlier judgment) as managers of a Jersey company.
Note on the decision in Ben Nevis and Anor v Commissioners for HM Revenue & Customs — Court of Appeal
It is a well-established and almost universal principle that courts of one country will not enforce the revenue laws of another country.
The discretionary power given to the Royal Court to discharge or vary a restraint order in support of ‘external proceedings’ did not permit it to consider allegations of undue delay in those proceedings.
In a helpful judgment, the Jersey Court of Appeal has upheld the decision of the Royal Court in Pirrwitz v AI Airports International Ltd and PI Power International Ltd.
Mourant Ozannes focuses on the many legal and regulatory developments that lie ahead for financial institutions in Jersey, both during the coming quarter and beyond.
The Jersey Court of Appeal has upheld the decision of the Royal Court in Pirrwitz v AI Airports International Ltd and PI Power International Ltd.
Joinder of adult beneficiaries to matrimonial proceedings affecting trusts — Tchenguiz-Immerman v Immerman
In this case, the English Family Division provided some helpful guidance on its approach to adult beneficiaries of offshore trusts being joined as parties to matrimonial proceedings.
The Channel Islands Stock Exchange (CISX) has clarified how to approach dealings with the CISX in the period prior to its proposed restructure.
In a welcome judgment for employers, the Guernsey Employment and Discrimination Tribunal (the Tribunal) recently rejected an employee’s claim for constructive unfair dismissal.
The Royal Court of Jersey has again shown its readiness to utilise the just and equitable winding-up jurisdiction.
The so-called ’rule in Hastings Bass’ has been considered in Jersey for the first time since the Supreme Court’s judgment in Pitt v Holt and Futter v Futter.
In the matter of Aspis Jersey Ltd, Mourant Ozannes acted for the liquidator of T Bank SA, one of the first Greek banks to enter insolvency following the recent financial crisis.
This briefing from Mourant Ozannes about AIFMD contains case studies regarding the Cayman Islands and New York.
This briefing from Mourant Ozannes about AIFMD contains case studies regarding the Channel Islands.
The AIFMD is a framework to govern the alternative asset management industry in the European Economic Area.
Litigation is the main form of dispute resolution used in Jersey to settle large commercial disputes. Arbitration is not yet used frequently despite the passing of theArbitration (Jersey) Law 1998.
The Royal Court of Jersey has its own procedural rules that are generally based on the former Rules of the Supreme Court of England and Wales.