Latest Briefings

EU-US Privacy Shield for data transfers ruled as invalid

The Office of the Data Protection Authority in Guernsey (ODPA) has warned companies in the Bailiwick to be aware of the recent Court of Justice of the European Union (CJEU) judgment which affects all businesses who transfer personal data outside of the Bailiwick and the European Union (EU).

Recognition and Assistance for PRC Insolvency in Hong Kong

Synopsis A recent case in Hong Kong, has demonstrated both the ability and willingness of common law courts to recognise insolvency appointments made by the courts of the People’s Republic of China (‘PRC’), and to grant appropriate assistance at common law. It is to be hoped that this proven track record will pave the way for easier recognition of common law court appointed liquidators in PRC, where, unlike in common law countries, such recognition is subject to the principle of reciprocity.

New LCIA Arbitration Rules: In force on 1 October 2020

The London Court of International Arbitration (LCIA) recently released its updated arbitration rules (the “2020 Rules”) which will come into force from 1 October 2020 and will apply to any arbitration commenced under the auspices of the LCIA on or after this date. The 2020 Rules, in the LCIA’s own words, aim to make the arbitral processes “even more streamlined and clear” for arbitrators and parties alike. We summarise nine key changes and one omission.

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Guide to buying and selling property in Jersey

Jersey’s system of freehold conveyancing has its origins in the Public Registry established by Sir Walter Raleigh in 1602. Contracts are still passed before the Royal Court of Jersey on Friday afternoons and have been written in English since 2006. When Ogier acts for the seller, it prepares a draft deed of sale for the […]

Capacity and identity: who do you think you are?

The recent Court of Appeal case of Hamid v Francis Bradshaw Partnership has highlighted the importance of ensuring that the identity of the parties to — and the capacity of a signatory of — a contract are clear. Dr Hamid was the director and sole shareholder of a limited company, Chad Furniture Store Ltd, which traded […]

High stakes in education

The University of Law – formerly the College of Law – often leads from the front. The news that it is closing its York branch and launching in Leeds is the latest bit of flag-planting from the institution that launched in Manchester in 2009 and Bristol in 2009. It’s confidence writ large. LPC classes empty […]

Keeping the lights on in the short term — tighter margins and new balancing tools

On the same day as the Department of Energy and Climate Change published its update of the Capacity Market, which is intended to facilitate security of electricity supply from 2018 onwards, Ofgem published its annual Electricity Capacity Assessment Report showing reduced margins in the middle of the decade and an appreciably increased risk of electricity […]

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