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.

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.

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.

Latest Briefings

Covid-19 Ireland: Support extended credit guarantee scheme and new pandemic fund

On 2 May 2020 the Irish Government agreed a suite of important measures to further support affected small, medium and larger businesses. These include a €2 billion COVID-19 Credit Guarantee Scheme to support bank lending to small and medium sized enterprises and a new €2 billion Pandemic Stabilisation and Recovery Fund to support medium and large enterprises.

Use of Government’s coronavirus job retention scheme by companies in administration: Debenhams

In a judgment handed down on 6th May 2020 in Re Debenhams Retail Ltd (in administration) [2020] EWCA Civ 600, the Court of Appeal provided confirmation on the implications for office holders and insolvent estates of using the Government’s Coronavirus Job Retention Scheme in administrations, following the previous first instance decisions on the issue in Re Carluccio’s Ltd [2020] EWHC 886 (Ch) and Re Debenhams Retail Ltd [2020] EWHC 921 (Ch). Matthew Weaver considers the judgment and its implications in this briefing.

Use of Government’s coronavirus job retention scheme by companies in administration: Carluccio’s

In a judgment handed down on Monday 13th April 2020 in Re Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch), Snowden J considered the application of the Government’s Coronavirus Job Retention Scheme in administrations both as a matter of principle and in respect of the logistics and practicalities involved for office holders. Matthew Weaver considers the judgment and its implications in this briefing.

Green is good – a Channel Islands perspective

Fiona Le Poidevin, CEO of The International Stock Exchange Group, explores how the Channel Islands are utilising experience and expertise to make a significant impact in global green and sustainable finance initiatives.

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