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Jersey employment law, pensions and incentives

This Starting Point Guide provides a brief overview of Jersey employment law. SOURCES OF JERSEY EMPLOYMENT LAW The duties of Jersey employers and employees derive from a number of sources which include: statute; customary/common law (i.e. judicial precedent); and employment contracts and other documentation. There is less employment legislation in Jersey than in the UK…

Data protection and subject access – a changing landscape

DAWSON-DAMER & ORS V TAYLOR WESSING LLP [2017] EWCA CIV 74 Could a UK law firm be compelled to provide personal data which it held by reason of it having advised the trustee of a Bahamian Trust? The Court of Appeal of England and Wales has held – quite emphatically – that the answer is […]

Incorporated cell companies in Guernsey

This briefing note describes the key features of the incorporated cell company (“ICC”) and summarises the formation, structure and liquidation procedures particular to this type of company. The Companies (Guernsey) Law, 2008 (the “Law”) provides for the creation of the incorporated cell company. An ICC is a company which has the power to establish incorporated […]

Directors’ duties, liabilities and indemnities in Guernsey

The advent of the solvency based approach to company activity in Guernsey brings into critical focus the scope and nature of the duties incumbent upon the directors of a Guernsey company. Gone are the prior capital maintenance provisions required under now superseded legislation and the need for Court approval of significant corporate actions. In its […]

BVI winding-up proceedings – Pacific Andes

The BVI Commercial Court (the Honourable Justice Davis-White QC [Ag]) has recently ordered the appointment of liquidators over Pacific Andes Enterprises (BVI) Limited, Parkmond Group Limited, and PARD Trade Limited (the “Companies”), three BVI incorporated companies forming a key part of the China Fishery Group. The applications were unsuccessfully contested on the principal ground that […]

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Overseas companies and UK property – all change in 2021

By Maria Connolly At the end of July, the Draft Registration of Overseas Entities Bill was published. The intention is that, from 2021, overseas entities wanting  to deal in certain UK property will have to register in the overseas entities register (OER). Why will overseas entities have to register?

Hackitt review: Response suggests further extension of the regime

By Adrian Mansbridge As outlined in our previous articles covering what lies ahead for high rise regulation and the proposed ban on flammable cladding the legislative programme to implement the recommendations of the Hackitt review and to address broader concerns is already underway. However, as anticipated, political concerns have already led to these proposals being “beefed up”…

Use of behavioural biometrics brings privacy issues under GDPR

By Alex Towers With cybertheft and data breaches becoming an increasingly common occurrence, the need to rapidly and accurately identify fraud has driven the development of behavioural biometrics as a means to target automated attacks and suspicious transactions. However, for the technology to function, companies must amass libraries of biometric personal data to construct profiles…

Supreme Court rules a ‘right to litigate’ cannot be assigned to a third party

By Rebecca MacCann What happens if you assign your right to litigate to a person or company that is unconnected to the event that creates the right to litigate? In the recent Supreme Court case of SPV Osus Ltd v­ HSBC Institutional Trust Services (Ireland) Limited & Ors [2018] IESC 44, the Supreme Court held […]

Portugal: Fund management 2018

By Pedro Simões Coelho, Ricardo Seabra Moura and Carlos Filipe Couto How is fund management regulated in your jurisdiction? Which authorities have primary responsibility for regulating funds, fund managers and those marketing funds?

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Navigating the e-auction minefield

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Edwards Wildman corporate head quits for Morgan Lewis

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