Practice Areas

The growth of private funds

By Marcus Leese  With 20 years’ experience as an offshore practitioner, Marcus Leese advises clients across the full range of investment funds, private wealth and Banking & Finance matters. Besides his role as head of Ogier’s Guernsey office, Marcus advises on Guernsey and BVI law to an international client base including many Asian clients, having […]

Facilitated Employment of Serbian Citizens in Slovenia

By Marko Ketler On 28 May 2008, the National Assembly of the Republic of Slovenia adopted the Act ratifying the Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Serbia on the Employment of Citizens of the Republic of Serbia. The Protocol on the Implementation of the Agreement between the […]

Pension regulator updates Guide to Investment Governance for DC schemes

By Joanne Tibbott, Alison Garton Trustees reviewing their Statements of Investment Principles (SIPs) will have to be mindful of the need to formulate policies on the broader range of matters by October 2019 (particularly in relation to financially material considerations and exercising investment rights). Trustees need to also be mindful of the latest requirements in […]

New patent rules for Canada

By Glen Deleavey,Trevor Newton The Government of Canada published the new Patent Rules in the Canada Gazette Part II today (July 10, 2019). This publication of the finalized Rules is further to the previous release of a draft version on December 1, 2018, and the accompanying consultation period that followed. Importantly, the coming-into-force date for the new Patent Rules has been announced as October 30, 2019. […]

Payment service providers: are you safeguarding customer funds in compliance with the rules?

By Kam Dhillon On 4th July 2019, the FCA released the findings from its recent review of non-bank payment service providers (PSPs). The FCA assessed how well PSPs (i.e. authorised payment and e-money institutions) meet the requirements for safeguarding customer funds in practice, in accordance with the Payment Services Regulations 2017 (PSRs) and the Electronic Money Regulations 2011 (EMRs).

2019 global survey on commercialisation of disputes – Cayman Islands

By Paul Smith, Spencer Vickers Q. Are lawyers able to enter into contingency /damages sharing agreements with clients? No, contingency fee agreements are unlawful. However, it is lawful for lawyers to enter a fair and reasonable conditional fee arrangement for an increase in fees to reflect the nature of the risk undertaken by counsel in accepting […]

2019 Global Survey on the Commercialisation of Disputes – Bermuda

Rhys Williams Q. Are lawyers able to enter into contingency/ damages sharing agreements with clients? No. These are prohibited by the Barristers’ Code of Professional Conduct 1981, Rule 96. The Bar Council has proposed allowing conditional/contingent fee structures however no steps have been taken to do so thus far. Q. Recoverability of client costs and/or success […]

Should inheritance tax be simplified?

By Aidan Grant The Office of Tax Simplification (OTS) has published a number of recommendations for how inheritance tax (IHT) could be amended and simplified. While these amendments do not go so far as to shake the foundations of the tax itself, nevertheless the proposals would require all practitioners to come to terms with the […]

The importance of protecting your intellectual property

Rob Fahrenheim’s article has been published on the ‘Business Game Changer’ website, discussing the importance of protecting your intellectual property. Please read the full article below. Why protect your IP? Intellectual property rights are often a business’ best kept secret. Managers are typically well aware of the cost and value of their physical assets, such […]

Successful dismissal of appeal by Lehman Brothers administrators

The Supreme Court handed down judgment in HMRC v Joint Administrators of Lehman Brothers International (Europe) (in administration) [2019] UKSC 12 on 13 March 2019.  Malcolm Gammie QC appeared for Her Majesty’s Revenue & Customs with Catherine Addy QC. The issue before the Supreme Court was whether the estimated £5billion of statutory interest that was payable under […]

Standard Life Aberdeen – successful outcome in arbitration

An arbitral tribunal established in respect of the dispute between the Standard Life Aberdeen (“SLA”) and Lloyds Banking Group / Scottish Widows (“LBG”) has ruled in favour of SLA. In particular, the tribunal ruled that LBG was not entitled to give notice, on 14 February 2018, to terminate the investment management agreements in respect of […]

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