Corporate
17 Feb 2022

Company re-domiciliation into and out of Jersey

The United Kingdom government has recently finished a first round of consultation on a proposed new regime allowing overseas companies to re-domicile to the UK.

Regulatory Advice
16 Feb 2022

Update: Expansion of the Jersey Insolvency Toolkit

The adoption of the Companies (Amendment No. 8) (Jersey) Regulations 2022 (Regulations) [last week] brings welcome changes to Jersey’s insolvency toolkit.

Dispute Resolution
11 Feb 2022

Bermuda’s government and legal system

Litigants in Bermuda must negotiate a legal system that combines deep historical roots with a modern approach that increasingly accommodates specialisation. Here, we canvass the legal history of the island, the courts that make up the island’s justice system and our system of government.

The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
7 Feb 2022

In Pursuit of Protection

The precise role of a protector in relation to discretionary trusts has been difficult to identify and there was, until recently, little judicial authority on the nature of a protector's duties particularly in the context of a requirement for protectors' consent to decisions of the trustees. Strong guidance has now been provided by the Royal Court of Jersey in the recent case of Re Jasmine Trustees [2021] JRC 248. That guidance cannot however be said to be definitive as there is conflicting authority on the nature of a protector's role where it has a veto, from the Bermudian Court (re The X Trusts [2021] SC (Bva) 72 Civ), albeit that that authority was considered by the Royal Court in its Judgment.

Private Client Trusts
3 Feb 2022

Appleby Bermuda contributes to a new Special Report on Family Philanthropy

Partner and Group Head of the Private Client and Trusts department in Bermuda, Vanessa Schrum has authored the chapter on ‘Caribbean choices’ in a Special Report on Family Philanthropy, published by Globe Law and Business.

Private Client Trusts
3 Feb 2022

Trustee Knowledge Series Advanced Paper Seven: Rights to Information

Our Trustee Knowledge Series previously looked at disclosure by outgoing trustees in our paper on 'Changing Trustees' and we will cover disclosure in trust litigation during the final part of this series. This paper principally addresses disclosure to beneficiaries, which will be the issue most commonly faced by trustees as well as briefly considering disclosure to other parties with an interest (or, at least, purported interest) in a trust.

Corporate
28 Jan 2022

Asset Holding Company Regime – A Jersey Perspective

The UK’s new asset holding company (AHC) regime is expected to come into effect in April 2022.  This is part of a broader set of initiatives by the UK government to have positive outcomes for the financial sector and enhance the UK’s competitiveness as a location for asset management and for investment funds.

Intellectual Property
27 Jan 2022

Data Privacy Week – Your Data, Your Choice

This week is Data Privacy Week, an occasion championed by the National Cybersecurity Alliance, the American non-profit, public-private partnership promoting cybersecurity and privacy education and awareness.

Employment-and-Immigration
26 Jan 2022

Developments For HR Practitioners To Watch Out For This Year

Last year was a busy one in the world of labour and immigration law. A raft of changes were made to the Employment Act 2000, including new rights and obligations in relation to bullying and harassment policies and the use of probation periods.

Listing Services
26 Jan 2022

Listing Sustainability-Linked Bonds on The International Stock Exchange (TISE)

This article provides a summary of Appleby listing agent services in the Channel Islands, and also offers an introduction to listing Sustainability-Linked Bonds on The International Stock Exchange ("TISE").