Bermuda’s approach to defective trustee appointments

The C Trust (the Trust) was established in 1965 for the benefit of the Family. The Trust’s terms provided that the protector held the power to appoint trustees. Certain beneficiaries (the Family), erroneously believing they had power to appoint trustees in place of the two protectors identified in the trust deed, invalidly sought to exercise the power. This led to a chain of invalid appointments over 20 years and had potentially significant consequences for the Trust’s administration.

Related briefings

Guernsey cash box structures

The unprecedented effects of coronavirus, and the consequential widespread travel restrictions and ‘stay-at-home’ measures, are causing severe pressures on the cash flow of many trading companies. This is causing listed companies to consider alternative ways of raising capital on an urgent basis, resulting in a resurgence in the popularity of cash box structures. This note sets out a summary of cash box transactions and the benefits of using a Guernsey cash box company.

HNW divorces – can you enforce the terms of an English order in Jersey?

Many practitioners will appreciate that Jersey is a self-governing Crown Dependency with constitutional rights of self-government and judicial independence. It follows that orders made in the courts of England and Wales are not enforceable as of right in this jurisdiction. We focus in this article on three common scenarios we see when such cross-jurisdictional considerations arise and the steps you can take to ensure that the terms of such an order are honoured.

Jersey directors’ duties in light of the coronavirus

Many companies are facing new and challenging circumstances given the fast-moving COVID-19 situation. It is likely that during the coming weeks you and your fellow board members will be called upon to make difficult decisions. This is a critical time during which it is imperative to ensure you are focused on the key issues and equipped to act prudently and in accordance with your duties.

Cayman Grand Court decision reinforces effective cooperation in cross-border disputes

In the current economic climate, there is a pressing need for cross-jurisdictional co-operation when it comes to the Courts’ involvement in restructuring and insolvency proceedings. An increasing number of Hong Kong companies are finding themselves in need of urgent assistance with restructuring and insolvency processes; this requires international co-operation where, as is often the case, such companies are incorporated in offshore jurisdictions.

The execution of documents in Jersey

The Jersey courts have now helpfully issued a direction regarding the execution of powers of attorney in light of the current coronavirus (COVID-19) restrictions in order to clarify whether it is possible for the formalities to be complied with where the power of attorney is witnessed by a person by video conference. Ordinary powers of […]

Latest Briefings

Why you might be accepting fake news without realising it

Do you believe everything you see? No matter how discerning or intelligent you are, we are all pre-programmed to be more accepting of information in certain contexts than others. While most of us are wise to the ‘Nigerian prince’ phishing scams of old, we are less likely to question an email from someone we know. We might question news on a website we’ve never seen before – but not in a publication we know well. And if we follow somebody high-profile on a social media platform we’re familiar with, like Instagram, chances are we take what they say at face value. It’s precisely because of this that mainstream media recently described influencer and celebrity accounts as ‘the gateway drug to fake news’.

Coronavirus: Impact of exceptional and temporary measures on enforcement proceedings [Portugal]

A number of exceptional measures have been introduced in the justice sector. These measures are set out in Law 1-A/2020 of 18 March and Decree‑Law 10-A/2020 of 13 March (as amended by Law 4-A/2020 of 6 April). The measures include exceptional rules on the extension of time limits and of the periods to take judicial steps. The rules will remain in place until the end of the exceptional situation to prevent, contain, mitigate and treat COVID-19.

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