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Bermuda
Kennedys Law LLP
Irrespective of whether the protector's role is wide or narrow, it will occasionally be the case that the protector strays beyond the scope of the powers conferred upon him.
Kennedys Law LLP
If the settlor's intention is to give the protector the wide role as espoused in Piedmont, it is important to address this specifically in relation to provisions requiring the protector's consent.
Kennedys Law LLP
It has been said that the narrow view of protector consent provisions has the effect of limiting the role of the protector.[1] To this, Kawaley AJ in X Trusts said:
Kennedys Law LLP
Ultimately, the protector's role in relation to any given trust will be determined with regard to the express terms of the trust instrument. The powers granted to a protector can be broadly categorised as "positive" powers and "veto" powers.
British Virgin Islands
Conyers
A successful party to a buy-out order made in the course of unfair prejudice proceedings can find themselves in a difficult position, at the hands of an uncooperative respondent.
Walkers
In a recent judgment, CIF v (1) DLG and (2) GIY (BVIHCM2023/0050) the BVI Commercial Court (the Hon. Justice Gerhard Wallbank)...
Ogier
Charles Dickens's description of the fictional case of Jarndyce v Jarndyce in Bleak House has created a reputation for the legal system of interminable delay and expense...
Ogier
商业诉讼通常看起来都是一个漫长而昂贵的过程，无论是作为起诉方还是抗辩方。
Cayman Islands
Harneys
Justice Parker's decision of in North Sound Pharmaceuticals Inc concerns an appeal against the rejection of a proof of debt in a liquidation.
Walkers
On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges.
Cyprus
A.G. Erotocritou LLC
As one of the very few common law jurisdictions within the European Union, Cyprus has become well-established as a commercial, corporate and tech hub over the past few years.
Hong Kong
Mayer Brown
The Hong Kong Court of Final Appeal (CFA) finally settled the question of legality of the No Consent Regime (NCR) in its recent judgment in Tam Sze Leung v. Commissioner of Police [2024] HKCFA 8 – confirming...
Herbert Smith Freehills
Without prejudice ("WP") privilege protects a party's genuine attempt to settle a dispute by preventing communications made in that connection from being admitted as evidence in court.
Ireland
Dillon Eustace
The Supreme Court, in Delaney v The Personal Injuries Assessment Board, the Judicial Council, Ireland and the Attorney General [2024] IESC10, has upheld the legality...
Jersey
Baker & Partners
The Court of Appeal of Jersey has held that a Jersey statutory provision is not compatible with a human right protected by the European Convention on Human Rights.
Mauritius
Appleby
The Court of Civil Appeal (CCA) delivered an interesting judgment on the adequacy of affidavit evidence when making a bankruptcy order. The CCA, acting solely on the basis of affidavit evidence...
Philippines
SyCip Salazar Hernandez & Gatmaitan
The SyCipLaw's Top 10 Tax Issues and Practical Solutions (T.I.P.S.) for 2023 covers the following tax issues:
Worldwide
Rouse
Geopolitical tensions have risen in recent years in several countries, including Russia, Azerbaijan and Lebanon.
Carey Olsen
In the April edition of The Hong Kong Lawyer, litigation partner Tim Haynes and counsel Xia Li discuss how offshore jurisdictions are at forefront of creating...
Appleby
Nevertheless, the nature of cryptocurrency as a matter of law remains an area of some uncertainty.
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