Changes to the JFSC Codes of Practice

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Cayman Islands economic substance requirements

By Nick Rogers, David McIntyre From 1 January 2019, new legislation will come into effect in the Cayman Islands, requiring in-scope entities that carry on particular activities to have demonstrable economic substance in Cayman. The International Tax Co-operation (Economic Substance) Law, 2018 was passed on 17 December 2018, after an extensive process of consultation with the EU […]

Take nothing for granted – legal privilege and internal investigations

By Nick Williams, Rebecca McNulty The subject of legal professional privilege has been back in the spotlight recently, with the English Court of Appeal decision in SFO v. ENRC substantially reversing the original High Court decision. This stops – at least for now – the erosion of a fundamental legal principle: that a person can seek legal […]

GP/LP advice, women in PE and downstream trends

By Joanne Huckle More LPs are seeking independent legal advice.. Increasingly, I am instructed by LPs seeking their own Cayman legal counsel prior to committing capital.  It has always been a mystery to me why investors are willing to rely on the GP’s Cayman counsel when committing significant capital to a new fund.  As an attorney […]

Why all Guernsey homeowners need to make a will

By Alison Ricketts, Martyn Baudains Over the last ten years significant changes have been made to Guernsey’s laws of succession, the effects of which may be overlooked by some homeowners. Prior to 2008 if you were married with ‘legitimate’ children (children born during your marriage) and died without having made a will then your houses and land, […]

At-a-glance guide to Lasting Powers of Attorney

By Victoria Grogan, Simon Lofthouse, Fiona Lilleyman, Stephanie Button After a much-needed reform in the law, people in Jersey can now create Lasting Powers of Attorney (LPA) to record their decisions and intentions about their assets and care, so that if they lose mental capacity, their wishes will still be respected. Similar legislation has existed […]

Latest Briefings

Consumer loan agreements denominated in Swiss francs

By Mateja Ule In the past years, Slovenian courts have been faced with several actions filed by consumers requesting the court to declare loan agreements denominated in Swiss francs null and void. While the courts of first and second instance seemed to struggle to find a common approach in assessing the validity of Swiss francs loan […]

Are robots writing your will?

By Aidan Grant Law firm VWV conducted a poll which found that the majority of people asked are wary about the use of artificial intelligence in the preparation of wills, with almost a third of respondents saying that they would not want any artificial involvement at all. It must be said that, as with many stories, […]

Adjudication decisions: Avoiding enforcement where the money may disappear

By Michael Bennett The losing party in an adjudication always asks one question – do we really have to pay?  In most cases the answer will be yes, but the list of reasons for saying no just got slightly longer. The recent Court of Appeal case of Gosvenor London Limited v Aygun Aluminium UK Limited [2018] EWCA […]

Data Protection Officer: Bar Association makes announcement on overlapping roles

The General Council of the Portuguese Bar Association («PBA») has finally announced its position on the situation of lawyers who act as Data Protection Officers («DPOs»). This announcement clarifies the PBA’s understanding on holding the position of DPO while practising as a lawyer. The PBA’s position appears in Opinion no. 14/PP/2018-G, published on 28 September […]

Accountant work product not privileged and must be produced to CRA

By Stevan Novoselac, Josiah Edwards Davis In Canada v. Atlas Tube Canada ULC, the Federal Court (FC) ordered a draft due diligence report  prepared by Ernst & Young LLP (Canada) to be produced to the Canada Revenue Agency (CRA). The Minister of National Revenue applied to the FC, pursuant to section 231.7 of the Income Tax Act (Canada)1, seeking an […]

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