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Tel: +44 1534 766254
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Midland Chambers
2-10 Library Place
St Helier
Jersey
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By Dilly Wright
A recent judgment of the Royal Court has reinforced the wide nature of the court's jurisdiction to order a just and equitable winding up of an insolvent company whilst underlining the court's apparent distaste for désastre in the context of corporate insolvency.
By Kirsty Thomas
We last discussed this issue in April 2015 following the case of Cooper-Hohn (2014) where one spouse, persuaded the Court of Appeal in England and Wales that their contribution to the finances of the marriage amounted to a "special contribution" so as to justify the Court making an order giving that spouse 64% of the matrimonial assets on divorce.
By Amita Chohan
In a series of 3 articles (Rounds 1 to 3), we explore Jersey's approach to the concept of transparency in respect of beneficial ownership information.
By Clara Hamon
A recent judgment of the Guernsey Royal Court provides comprehensive guidance on the duties of directors. In Carlyle Capital Corp Limited (in liquidation) and ors v Conway and ors there is extensive consideration of the duties owed by a director to the company and the standard of care to be expected. The judgment will be of great interest to the wider offshore financial services market.
By William Redgrave
The JFSC has been focusing heavily on Suspicious Activity Reports ("SARs") recently. This is understandable. SARs are a crucial part of the regulatory framework. If regulated businesses are properly reporting suspicions of criminal conduct then the law enforcement agencies receive vital ammunition for cleaning up the finance industry and investigating crime without lifting a finger.
By Tim Smith
To protect against fraud, money laundering and terrorist financing, the finance industry obtain key customer details known as Customer Due Diligence (CDD) before engaging in business.
By Baker & Partners
At a Breakfast Briefing Event this week, entitled ‘Walking The Tightrope', Baker and Partners provided guidance on current regulatory ‘Hot Topics' to Jersey's compliance industry.
By Baker & Partners
The High Court has recently restricted the ability to rely on privilege. Although SFO -v- ENRC is an English authority, Jersey generally follows English principles of privilege.
By Simon Thomas
On 27 April 2017 the latest UK government measure designed to combat offshore tax evasion received Royal Assent. It will shortly be a criminal offence for an institution to fail to prevent...
By James Sheedy
On the 15th May 2017, the Chancery Division of the English High Court in O'Keef & Anor v Caner & Ors [2017] EWHC 1105 (Ch) held, as a matter of fact, that the appropriate prescription period...
By Charles Sorensen
The decision of the Royal Court in Hong Kong Foods Limited and Another v Robin Hood Curry Limited and Another has brought much needed clarity to the law on misrepresentation...
By Baker & Partners
qualified English Solicitor, Lynne brings over 25 years of practical law expertise covering a wide range of disciplines including litigation and regulatory compliance, areas in which Baker & Partners specialises.
By Baker & Partners
Baker & Partners invited members of Jersey's financial services industry to discover the implications of the newly passed Criminal Finances Act 2017 at a Breakfast Briefing Event - Prevention Better Than a Cure? with Advocate Simon Thomas on 11th May 2017.
By Baker & Partners
The FCA has won a crucial legal victory after the Supreme Court ruled that it had not wrongfully identified a former senior banker at JP Morgan blamed for the American Bank's "London Whale" trading scandal.
By Stephen Baker, William Redgrave, Simon Thomas, Charles Sorensen, James Sheedy
Investigating and pursuing serious and complex fraud claims is about staying ahead of the game. Most serious frauds will have an international element, whether in the substantive action or in asset recovery.