Searching Content indexed under Corporate/Commercial Law by Baker & Partners ordered by Published Date Descending.
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A Subjective Question: What To Do About The Jersey Law Of Contract?
A recent plea by the Jersey Court of Appeal for greater certainty in the Jersey law of contract has highlighted differences of opinion amongst the judiciary and the need for a way forward.
13 Aug 2019
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,
26 Apr 2019
Disclosure In Jersey: What, When And From Whom? (Part 2)
This is the second of two articles on disclosure in civil proceedings in Jersey. The first can be found here.
14 Mar 2019
Cards On The Table Please! Litigation Privilege And Adversaries
Litigation privilege is an auxiliary principle that buttresses the constitutional right of access to justice and should be kept within justifiable bounds. Without litigation privilege
4 Feb 2019
Economic Torts: Another Way To Pursue The Person Behind The Corporate Veil
You provide goods or services to a company, but the company is unable to pay. You know that the person behind the company, who received the benefit of the contract, has the money to pay – and that he is responsible for the company being insolvent.
11 Oct 2018
Representation Of Hawksford Jersey Limited re H Trust
The Trust has only one material asset.
3 Oct 2018
Un-Tainting Protected Settlements – A Cure When Prevention Fails?
Important changes were made to the UK's deemed domicile regime in 2017. These complex new rules pose yet another set of challenges for offshore trustees of trusts with UK resident, deemed UK domicile settlors. While most hope to avoid the new tainting regime for so called ‘protected settlements', given the ease with which a trust can be tainted, and the potentially calamitous tax consequences of a tainting event, this is an area of high risk for trustees.
19 Feb 2018
The Purgative Effect Of The Pugachev Judgment
In October 2017 the English High Court handed down a significant judgment in which it found that the assets of five discretionary trusts settled by Russian oligarch, Sergei Pugachev could be used to satisfy claims by Mr Pugachev's creditors.
7 Feb 2018
In The Ring, Round 2: Transparency v Right To Confidentiality
In Round 2 of our series of 3 articles on Jersey's approach to the concept of transparency in respect of beneficial ownership information...
7 Feb 2018
Representation of Pringle, Fleming and Burnett – yet another nail in the coffin for désastre?
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.
4 Dec 2017
In The Ring, Round 1: Transparency v Right To Confidentiality
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.
24 Oct 2017
Carlyle Capital v Conway: In The Line of Duty
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.
27 Sep 2017
Reach for the SARs
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.
12 Sep 2017
Calling Time: English High Court Declares Limitation Period On Claims Against Directors Of Jersey Companies
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...
26 May 2017
Hong Kong Foods: Royal Court Clarifies Law On Misrepresentation
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...
26 May 2017
Spilling The Beans: Information & Document Sharing With Beneficiaries
This is an area of the law dominated by rebuttable presumptions and there are few, if any, hard and fast rules.
2 Mar 2017
Cyberfraud – Why Businesses Need To Be Prepared
The risks posed by ‘traditional' forms of fraud (undertaken by dishonest employees or directors diverting funds from client accounts) will always be of concern to financial services businesses.
5 Dec 2016
Insurance is not a topic which sets the world on fire, but it is one of the most important areas for Non-Executive Directors (NEDs) to pay attention to.
24 Nov 2016
Limitation Period For Breach Of Fiduciary Duty – 3 Years Or 10?
It has never been clearly decided what limitation period applies in Jersey to a claim alleging breach of fiduciary duty against a company director or other fiduciary.
12 Oct 2016
To Fail Is To Learn
It would seem, in my experience, that the difficulties children have in understanding that learning from one's mistakes is part of the overall learning and performance improvement process...
10 Oct 2016
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