Searching Content indexed under Litigation, Mediation & Arbitration by Ogier ordered by Published Date Descending.
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In Your Court: Offshore Dispute Resolution Review - July 2019
The recent INSOL Channel Islands seminar last month saw a record turn-out of over 150 restructuring and insolvency practitioners to discuss major topics impacting our industry...
13 Aug 2019
Jersey's Royal Court Rules On The Extent Of Its Powers To Restrict A Party That Withdraws Trust Proceedings From Starting Afresh
Jersey's Royal Court has recently ruled on the extent of its powers to restrict a party that withdraws proceedings from starting afresh in a judgment that considers for the first time the implications of a 2014...
23 Jul 2019
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.
9 May 2019
Dispute Resolution Lawyers Stress Importance Of Board Minutes In Regulatory Investigations
Today Guernsey dispute resolution specialists Michael Rogers and Sandie Lyne presented to the NED forum on the topic of regulatory investigations.
3 May 2019
Clarification Of The Rule Against Reflective Loss In The English Court Of Appeal: Garcia v Marex Financial Ltd
The English Court of Appeal has clarified in Garcia v Marex Financial Ltd ("Marex") [2018] EWCA Civ 1468 that the rule against reflective loss does apply to claims by unsecured creditors
17 Apr 2019
In Your Court: Offshore Dispute Resolution Review - March 2019
The Ogier team continues to be at the forefront of industry developments.
3 Apr 2019
The Latest Interpretation Of The Illegality Defence In The Cayman Islands
In the long-awaited decision of Ahmad Hamad Algosaibi and Brothers Company ('AHAB') v SAAD Investments Company Limited (In Official Liquidation) (SICL) and Others,[1] the Cayman Court ('the Court')
Cayman Islands
14 Mar 2019
Not In Dispute – Why Cayman Leads In Cross-Border Dispute Resolution, And How The Sector Evolves
Each year, legal disputes over assets worth many billions of dollars worldwide are resolved in courtrooms and boardrooms in the Cayman Islands.
Cayman Islands
28 Feb 2019
Further Developments In Legal Privilege: Lessons For Jersey
Following the landmark English judgment in SFO v. ENRC [2018] EWCA Civ 2006 (as reported in our previous briefing), there have been two further significant judgments on litigation privilege.
26 Feb 2019
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,
22 Feb 2019
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.
8 Feb 2019
Court Of Appeal Puts The Record Straight: A New Test For Rectification Of Trusts In Jersey
In B and C v Virtue Trustees (Switzerland) AG and Ors re The C Trust [2018]JCA219 the Court of Appeal considered the rectification of the terms of a Jersey law declaration of trust
23 Jan 2019
At A Glance Guide To Legal Privilege And Investigations
Every regulated business should take the time to consider its policies and procedures around internal investigations.
23 Jan 2019
Take Nothing For Granted - Legal Privilege And Internal Investigations
The subject of legal professional privilege has been back in the spotlight recently, with the English Court of Appeal decision in SFO v. ENRC substantially reversing the original High Court decision
14 Dec 2018
Why You Should Seek Advice Early For Construction Contracts In Jersey
Construction disputes seem to be on the rise in Jersey which isn't surprising given the general rise in construction being undertaken on island. With that in mind, the recent case of ROK Construction
30 Nov 2018
In Your Court: The Offshore Dispute Resolution Review November 2018
Welcome to the final In Your Court of 2018, featuring commentary on major cases and judgments from our BVI, Cayman, Guernsey and Jersey teams.
British Virgin Islands
26 Nov 2018
Variety Is The Spice Of Life: Recent Cases At The Jersey Royal Court
The Royal Court in Jersey has a varied and challenging workload.
13 Nov 2018
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...
6 Nov 2018
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 ...
18 Oct 2018
Cayman Islands Court Of Appeal Overturns Antisuit Injunction In Favour Of Argyle Funds SPC Inc
The Cayman Islands Court of Appeal has unanimously allowed every ground of an appeal by the liquidators of Argyle Funds SPC Inc. ("Argyle"), holding that its former auditors,
Cayman Islands
12 Oct 2018
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