An analysis of the possible ramifications of the English High Court’s decision in Pugachev and its impact on Jersey trusts, approaches to ‘trust busting’ and the inherent risks in Jersey’s reservation of powers legislation.
Q: What is the limitation period for a claim for breach of duty against a director of a Jersey company? A: How many angels can dance on the head of a pin?
The dissemination of knowledge about how Jersey trusts work has come on leaps and bounds in recent years, owing to the proliferation of publicly available judgments of the Royal Court. For those not familiar with, or inclined to navigate, the extensive online database of Jersey case law, attempting to find the answer you want within…
Guernsey’s Court of Appeal has declared, for the first time, the meaning and effect of the key provision in Jersey’s law concerning the liabilities of trustees to third parties to the trust in Investec Trust (Guernsey) Limited & Ors V Glenalla Properties Ltd & Ors. 41/2014 Background Facts The proceedings concerned the administration of the Tchenguiz…
On 16th July 2014 the Supreme Court handed down its judgment in FHR European Ventures LLP and others v Cedar Capital Partners LLC [2014] UKSC 45. This decision settles a long-running argument in English law as to whether a principal has a proprietary or a merely personal claim against an agent who takes a bribe…
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