By Emma
On 5th October 2022, the Supreme Court handed down their landmark judgment in the long-running case of BTI 2014 LLC v SequanaSA, which concerns the circumstances and extent to which the company directors must consider the interests of creditors with regard to their common law duties. Although decisions of the…
By Emma
Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2 A tenant was required to “pay [the service charge] now and argue later” by the Supreme Court when interpreting wording commonly found in commercial lease service charge provisions. Background: Blacks occupied premises at Whitechapel and Liverpool…
By Emma
It’s not that often we have a construction contract dispute come before the Royal Court of Jersey and it is one of the ‘usual suspects’ – the interpretation of amendments to a standard form contract – which has reared its head, once again. Sharon Campbell v Cape Construction Limited [2022]…
By Emma
Can a Jersey company be reinstated? There are a number of ways in which a Jersey company can be dissolved. For example, a summary winding up is the procedure used to wind up a solvent Jersey company. Alternatively, a company may be dissolved if it is subject to a declaration…
By Emma
The Companies (Amendment No.8) (Jersey) Regulations 2022 came into force on the 1 st March 2022 and amended the Companies (Jersey) Law 1991 (the “Companies Law”). This amendment introduced a new insolvency remedy for creditors of Jersey companies and represents an important development for the insolvency legislation of Jersey. Prior…
By Emma
What is a legal opinion? Jersey legal opinions are used in order to confirm the valid incorporation and existence of a Jersey legal entity, its capacity and authority to enter into contractual relations and whether or not, as a matter of Jersey law, those contractual relations are binding and enforceable…
