This is the latest in a line of decisions of the Royal Court concerning an application to set aside a trust for mistake. It is the first decided case after the new Articles 47B to 47J of the Trusts (Jersey) Law 1984, as amended, came into force. Carey Olsen takes a detailed look at the case.
Law Firm: Carey Olsen | Published: 30 May 2014 | Practice Area: Succession Planning and Trusts
Because British Virgin Islands (BVI) companies are widely used in Hong Kong for various purposes, it important for clients to understand the nuances and intricacies of obtaining grants of probate and administration in the BVI. In this briefing, Harneys offers a guide for Hong Kong clients.
Law Firm: Harneys | Published: 22 May 2014 | Practice Area: Wills and Probate
Trust litigation is often necessary; it is always expensive. However, recent judgments of the Royal Court and Court of Appeal of Jersey should bring comfort and clarity to trustees and beneficiaries alike in determining how best to proceed in non-adversarial proceedings, as Mourant Ozannes reports.
Law Firm: Mourant Ozannes | Published: 24 April 2014 | Practice Area: Practice and Procedure
The Court of Appeal last month dismissed an appeal in the Yung Kee family company dispute, a decision which indicates that the courts will not exercise jurisdiction to wind up foreign companies which are the subject of shareholder disputes where there is not a sufficient link to Hong Kong.
Law Firm: Herbert Smith Freehills | Published: 07 April 2014 | Practice Area: Litigation
This Travers Smith briefing sets out a number of key employment law dates to watch out for over the coming months and years, as well as an assessment of their practical impact. Subjects covered include pensions, executive remuneration, TUPE, unfair dismissal, discrimination and flexible working.
Law Firm: Travers Smith | Published: 04 April 2014 | Practice Area: Regulation and Enforcement
The Law Commission has released its long-awaited report on Matrimonial Property, Needs and Agreements, including the proposal for a legal, enforceable basis for couples to contract with each other under English law. Macfarlanes looks at the proposed 'qualifying nuptial agreements'.
Law Firm: Macfarlanes | Published: 28 March 2014 | Practice Area: Family Law
In a decision which provides useful guidance for both trust and insolvency practitioners, the Guernsey Court of Appeal has upheld a decision of the Royal Court blessing a trustees' decision to pay for the costs of refinancing a trust asset from the assets of a family trust. Mourant Ozannes reports.
Law Firm: Mourant Ozannes | Published: 26 March 2014 | Practice Area: Succession Planning and Trusts
Mourant Ozannes reports on the latest in the case of Tchenguiz-Immerman v Immerman, which highlights the tension between the different roles and priorities of the courts exercising supervisory jurisdiction over trusts, and the family court seeking to do justice between divorcing spouses.
Law Firm: Mourant Ozannes | Published: 26 February 2014 | Practice Area: Succession Planning and Trusts
The Employment Appeal Tribunal has confirmed that the restriction of a surviving civil partner's pension to the member's post 4 December 2005 pensionable service (in relation to non-contracted out rights) is compatible with EU law. Wragges looks at the claim and outlines action points to consider.
Law Firm: Wragge Lawrence Graham & Co | Published: 26 February 2014 | Practice Area: Equal Treatment
A proposed beneficiary under a will loses out because a solicitor fails to prepare that will. Can that beneficiary make a claim against the solicitor? Herbert Smith Freehills looks at the recent case of Feltham v Freer Bouskell.
Law Firm: Herbert Smith Freehills | Published: 22 November 2013 | Practice Area: Wills and Probate
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