Take nothing for granted – legal privilege and internal investigations

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Changes to the Guernsey AML/CFT Handbook

The Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) (Amendment) Ordinance, 2018 was approved by the States of Guernsey in December 2018 and is set to come into force on 31 March 2019. The new legislation represents a substantial revision of Guernsey’s anti-money laundering and countering financing of terrorism (AML/CFT) regime designed to satisfy the […]

A constructive outlook for Guernsey commercial property in 2019

If those with any interest in Guernsey commercial property were to look back over their shoulder to 2018 and the start of 2019 they might feel that the view forward has to be better. During 2018 and early 2019 we have seen estate agents (Sarnia Estates) and retailers (HMV) entering into administration, banks closing their […]

Jersey’s new International Savings Plan likely to drive new business in 2019

The new International Savings Plan structure will create new workstreams from global businesses, says Ogier trusts specialist Katherine Neal. ISPs enable employers to create savings plans for employees – the key difference to pensions is that they can provide benefits before the age of 50, and can be set up to trigger payments in cases […]

At A Glance Guide to Legal Privilege and Investigations

Every regulated business should take the time to consider its policies and procedures around internal investigations. Legal professional privilege is often easier to state in theory than it is to apply in practice. The English Court of Appeal judgment in SFO v ENRC supports a culture of investigating issues when they arise which is to […]

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Many offshore jurisdictions saw notable reforms in 2018. This article considers how recent changes to the regulation of financial services in Bermuda have affected private trust companies. These legislative amendments were made primarily to ensure that Bermuda’s legal framework remains up to date with international standards, which are aimed at maintaining the international financial system’s […]

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In the recent case of SKYMIST HOLDINGS LIMITED v GRANDLANE DEVELOPMENTS LIMITED [2018], the Technology and Construction Court (TCC), considered the principle of “approbation and reprobation” in “satellite litigation” over the jurisdiction of adjudicators. But is challenging the jurisdiction of an adjudicator worth the cost involved? We review the key points in the Skymist decision, and the TCC‘s […]

Is legislation pending on bankruptcy, pension plans and lenders?

Public consultations on enhancing retirement security led by the Ministry of Innovation, Science and Economic Development Canada closed in late 2018. Given the importance and complexity of the subject matter, the one-month consultation period offered by the government was curiously short. Given that 2019 is an election year, the quick completion of the process could […]

Apples to Oranges: how investigations differ from a litigation approach when implementing eDiscovery solutions

Competition matters, and investigations more generally, differ greatly in execution from the approach to eDiscovery taken in litigation.  Understanding the potential issues is paramount in developing an eDiscovery model that tackles the regulatory pressures faced by legal teams and their corporate clients. In the first article in this series we compare the different approaches and examine […]

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