Related briefings

Substratum – What is it and do I need to worry about it?

There has been debate between legal academics and trust practitioners about whether a power holder is prohibited from exercising powers of addition or exclusion of beneficiaries, or other analogous powers, when the proposed change is so significant that it has the effect of changing the basic purpose, or ‘substratum’ of the trust. That is to say, the exercise of trust powers would result in an outcome closer to a fundamental change to the purpose of the trust itself than a simple variation, or addition or exclusion of beneficiaries.

Snapshot: witnessing Powers of Attorney via electronic means in Jersey

Powers of Attorney (PoA) are commonly used in private equity transactions due to the operational efficiencies they can create. In the funds context, one such operational efficiency is often realised in the subscription agreement further to which a PoA is typically granted by each investor in favour of the general partner (or any other nominated party).

Snapshot: distributions under BVI law

BVI business companies are one of the most commonly used offshore vehicles and our expert team frequently advises on distributions by BVI companies. In this snapshot, counsel Marie-Claire Fudge addresses a number of the most common questions asked about distributions.

When is it appropriate to seek ex parte relief in the Cayman Islands?

In Cathay Capital Holdings III, LP v Osiris International Cayman Limited, the Grand Court set out a helpful reminder of the circumstances in which it is appropriate to seek relief on an ex parte basis (ie without notice to the party against whom the relief is sought).

Latest Briefings

Protecting reputation in the spotlight of an investigation

Global business is increasingly familiar with the prospect of short-notice public investigatory attention, whether from regulators, law enforcement, political forces or as a consequence of sanctions, and this can – in in some cases – devastate individual and corporate reputation.

Protecting reputation in the spotlight of an investigation

Despite the fact that the threat of an investigation alone can be enough to paralyse a business, early warning signs are often missed and businesses can mistake an investigation risk for a reputation risk. Those who handle serious issues well are able to triage the issue at an early stage and identify its potential impact, […]

Bill 64 marks a new direction in Quebec privacy law — Key takeaways for businesses

On September 22, 2021, the Quebec government adopted Bill 64, An Act to modernize legislative provisions as regards the protection of personal information, enacting significant changes to the requirements governing the use and protection of personal information under various statutes, including notably the Act respecting the protection of personal information in the private sector and the Act respecting Access to documents held by public bodies and the Protection of personal information.

Recommended

Rugby

City heavyweights win lead roles on CVC’s rugby deal

Freshfields Bruckhaus Deringer has won the mandate for private equity house CVC, which today revealed it has made a minority equity investment into Premiership Rugby. This is the latest deal in which the magic circle firm has advised CVC on a sports-related sale or purchase. At the end of 2016, London partner Charlie Hayes worked […]

Australian rugby team Western Force lose appeal against removal from Super Rugby

The Western Force competed in the 18 team Super Rugby competition (“Super 18”) in the southern hemisphere last season. However, the competition organisers SANZAR restructured and re-branded the competition as the Super 15 for the current season and removed three teams. The two South African teams removed, the Cheetahs and Southern Kings, subsequently joined the […]

Former Premier League champions Leicester City hire new GC

Former Premier League champions Leicester City Football Club have drafted in their second-ever general counsel from BT. Matthew Phillips moved to City in July 2019, leaving BT’s legal team after four years at the telecoms company. Phillips started off as a trainee solicitor at Linklaters, where he spent three years before moving to Olswang (now […]

Leicester City legal chief takes up new role ahead of Commonwealth Games

Caroline McGrory, who has led Leicester City FC’s legal team for two years, has joined as general counsel of Birmingham’s 2022 Commonwealth Games. McGrory joined the sporting event’s team in April and is responsible for the management of all legal issues regarding the organisation, operation and staging of the Commonwealth Games. Birmingham 2022 confirmed that […]

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