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Funds update: AIFMD implementation under fire; European agreement on beneficial ownership registers; and more
Also: new Jersey accounts documentation and recent case law.
A case concerns whether or not there is a form of equitable remedy which would justify an earlier trustee who had disposed of assets.
A recent decision of the UK Upper Tribunal (Lands Chamber) could influence Jersey’s Royal Court in interpreting the ‘reasonableness’ of service charge items.
Decisions over the past 12 months will provide considerable comfort to those concerned about exposure to clawback action.
These two cases are helpful in terms of how the court sees the inter-relationship between the new article 47 test for mistake and the pre-existing provision of the TJL at article 11.
On 24 November 2014 Guernsey’s Legislation Select Committee passed the Companies (Guernsey) Law, 2008 (Amendment) Ordinance, 2014 with immediateeffect.
Wanambwa has experience advising major corporates, financial institutions and insolvency practitioners on a broad range of large commercial disputes.
On 24 October 2014, the Commerce & Employment department published its consultation paper on various options for reforming Guernsey’s insolvency regime.
This briefing discusses some of the issues to be considered by trustees of Guernsey trusts and their advisers when foreign couples connected with the trust divorce.
Ogier has expanded the reach of its dispute resolution practice into Hong Kong to serve Asian clients in their own time zone.
Ogier has provided Guernsey legal advice to Burford Capital on the raising of $150m through an issue of retail bonds on the London Stock Exchange.
This judgment in the Court of Appeal considered an appeal on one part of the judgment of Lieutenant Bailiff Chadwick (the Judge) of December 2013.
Should a trustee appeal a decision of the Royal Court in administrative proceedings? In the matter of the R and RA Trusts
The Court of Appeal in Guernsey has handed down an important judgment in non-contentious trust proceedings commenced by way of application made by the trustees.
This judgment considered whether an accountant was under a duty to advise its client about possible tax-saving schemes or of the need to take specialist tax advice.
Privy Council hands down judgment in claim against redeemed investors by liquidators of Fairfield Sentry
The Privy Council has handed down judgment in the claim brought by the liquidators of Fairfield Sentry against a number of redeemed investors.
In this case there had been a succession of fundamental errors in the administration of two Jersey trusts, both given the same name and having the same terms and beneficiaries.
First Mistake Case Post Trust Law Amendment No: 6 — In the matter of Strathmullan Trust  JRC 056
This decision is the most recent Jersey decision to consider setting aside a trust on the ground of mistake.
Can a Royal Court blessing be given to a momentous decision by directors of an underlying company to a trust?
It is helpful for trustees to know that where they provide directors to a company underlying a trust, they can still get the protection of the court where a momentous decision is to be made.
In Global Tradewaves Ltd, liquidators appointed by the BVI court to GTL obtained leave to examine a former director of GTL in relation to the company’s affairs.
This judgment deals with the in-camera element of a complicated piece of litigation involving a complex trust structure with a substantial portfolio of investments.