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

CEO Blog: Supporting The Road to Recovery

Almost two months ago, just before Jersey went into its version of ‘lockdown’, I wrote a blog pointing to just how significant I thought collaboration across the industry would be in tackling the repercussions of the coronavirus pandemic. I spoke about how our combined potential as a 14,000-strong workforce with broad and deep expertise could be vital […]

Roberts case – a summary

The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren […]

Covid-19: Duties of Guernsey directors

As companies continue to adjust to operating under the various regimes put in place by both the States of Guernsey and governments globally in response to the COVID-19 pandemic, and even now look forward to how and when restrictions may be eased, the Guernsey Financial Services Commission (the GFSC) has issued guidance on matters they believe directors should give particular regard to when undertaking their role.

Retrospective submission of a contract of sale

On 8 May, 2020, the Supreme Court of Cyprus delivered its much-awaited judgement in the context of the appeal 68/19 (Appeal), granting leave for the submission of an application for the issuance of a Certiorari, a prerogative writ.

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Condor

Fieldfisher reorganises Condor leadership after exits

Fieldfisher is set to expand the offering of its alternative legal services and flexible resourcing division Condor, which is understood to have generated about £2.5m in the last financial year, as part of new investments to its broader finance practice. Condor, which was launched in 2017, is articulated into two strands: a technology platform used […]

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