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Of interest to trustees in relation to transfers from a non-Jersey trust to a Jersey trust.
Also: profit-shifting; Investment Association statement; and more.
Recent English case law has served to emphasise the requisite levels of intention needed on the part of the transferor for the creation of a Quistclose trust or any other sort of analogous resulting trust.
Cayman Islands Court of Appeal rules on rights of non-registered investors to enforce shareholder rights
The Cayman Islands Court of Appeal (CA) considered whether a beneficial owner of shares in a fund could seek to prove in the liquidation of that fund in respect of rights granted under a side letter.
Weavering litigation – Cayman hedge fund directors’ duties and indemnity/exculpation clauses back in the spotlight
The Cayman Islands Court of Appeal has issued its much-anticipated decision in Weavering Macro Fixed Income Fund Limited (In liquidation) vs Stefan Peterson and Hans Ekstrom...
Two judgments have provided some insight into the exercise of the Royal Court’s supervisory jurisdiction over Jersey trusts.
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.
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.
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.