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Searching Content from Guernsey indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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1
Beddoe Applications: What Happens If A Trustee Forgets To Apply?
The Grand Court of the Cayman Islands and the High Court in England and Wales have recently considered two unusual applications for Beddoe relief respectively: an application by a trustee for retrospective Beddoe relief...
Guernsey
15 Aug 2019
2
Beddoe Applications: Beddoe Relief For Appeals
The Grand Court of the Cayman Islands and the High Court in England and Wales have recently considered two unusual applications for Beddoe relief: an application by a trustee for retrospective Beddoe relief after the conclusion of proceedings, and an application for a trustee for Beddoe relief in respect of bringing...
Guernsey
15 Aug 2019
3
On The Brink Of Insolvency: When Should Directors Consider The Interests Of Creditors?
In the recent decision of BTI 2014 LLC v Sequana SA and others, the English Court of Appeal issued helpful guidance regarding the question of when the directors of a company in financial difficulty
Guernsey
30 Jun 2019
4
Carlyle Capital Corporation Limited (In Liquidation) And Others v William Elias Conway Jr And Others
"However startling the history of [Carlyle Capital Corporation's] short life appears at first sight, its failure was the result of circumstances beyond the control of any board of directors.
Guernsey
9 May 2019
5
Guernsey Royal Court Permits Beneficiary's Application To Terminate Trust
The recent Guernsey case of Rusnano Capital AG (in liquidation) v Molard International (PTC) Limited and Pullborough International Corp [2019] GRC011 has, for the first time,
Guernsey
26 Apr 2019
6
A Fresh Coat Of Morton v Paint?: Double Actionability And Detinue In Guernsey
The Court also awarded the Plaintiff a further ฃ100 as nominal damages for the Defendant's wrongful detention of the Jaguar.
Guernsey
22 Apr 2019
7
Saunders v Vautier In The Channel Islands - Guidance From Guernsey
Can the beneficiaries of a discretionary trust require the trustees to terminate the trust and distribute the trust property, in circumstances where a power to add further beneficiaries exists?
Guernsey
15 Apr 2019
8
Challenging A BVI Liquidator's Act, Omission Or Decision
The right to bring a challenge derives from Section 273 of the BVI Insolvency Act 2003, which provides.
Guernsey
1 Mar 2019
9
Representing Bermuda In International Sport – An Important Decision Of The Supreme Court
In the recent case of S (a minor), B (a minor) & Equal Opportunities in Sport v Bermuda Amateur Swimming Association [2018] SC (Bda) 82 Civ the Supreme Court decided who qualifies as a "citizen" or "national" of...
Guernsey
28 Feb 2019
10
Winning Chinese Clients' Trust
Trust law in China is rather different from that in common-law jurisdictions. A trust is not a turnkey product and is definitely not an off-the-shelf structure, and that is not an easy concept to understand,
Worldwide
22 Feb 2019
11
Guernsey Royal Court Issues Regulatory Decision On Prohibition Orders, Fines And Public Statements
Mr Y was an executive director of the Licensee company X. Under the terms of his employment with X, Y was not permitted to accept any other work except with the permission of X.
Guernsey
8 Feb 2019
12
In The Courts: Insolvency & Restructuring
Many offshore jurisdictions have dug into the foundations of proposed winding-up petitions to determine if a winding-up is indeed appropriate.
Guernsey
7 Feb 2019
13
Haro, Guts, Girdles And Hatts – Some Peculiarities Of Guernsey Law
The Bailiwick of Guernsey was originally part of the Duchy of Normandy but in 1204 when English troops were driven from Normandy, the islands remained the possession of the English Crown.
Guernsey
13 Nov 2018
14
Lessons In Workplace Stress From 2000 Years Ago
Stress can be both the cause of, and a symptom of, problems in the workplace that can give rise to claims both in the Employment Tribunal and the Royal Court...
Guernsey
6 Nov 2018
15
Trust Clinic: The Semi Contentious Practitioner Will See You Now
Over the last four decades, the trust industry in the Channel Islands has witnessed enormous growth and change, precipitating a corresponding evolution ...
Guernsey
18 Oct 2018
16
Hastings Bass In Guernsey - M v St Anne's Trustee's Limited
On 20 June 2018 the Guernsey Court of Appeal handed down its eagerly anticipated judgment in M v St Anne's Trustees Limited
Guernsey
10 Sep 2018
17
Liang V RBC Trustees (Guernsey) Limited - SARs And Private Law Actions – The 'Chilling Effect' Of Guernsey's AML Legislation In Practice
Carey Olsen partner Mark Dunster and counsel Simon Florance consider the recent judgment in Liang v RBC Trustees (Guernsey) Limited – the first time a private law action...
Guernsey
5 Sep 2018
18
From Roman Stoics To UK Case Law – Lessons On Stress Management
Workplace stress is often a trigger for employment disputes and claims – and better stress management can help to prevent time-consuming, costly and reputationally damaging conflict.
Guernsey
4 Sep 2018
19
Sars And Private Law Actions – The 'Chilling Effect' Of Guernsey's AML Legislation In Practice
On 10 May 2018, the Royal Court of Guernsey handed down its judgment in Liang v RBC Trustees (Guernsey) Limited.
Guernsey
24 Aug 2018
20
Successful Application To Remove A Trustee Of Two Guernsey Law Trusts
Ogier in Guernsey has successfully achieved the removal of Salamander Trust Company Limited (Salamander) as trustee of two Guernsey law trusts and the appointment of Jupiter Trustees Limited (Jupiter) in its place.
Guernsey
3 Aug 2018
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