A consultation has been launched in relation to changes to the Companies (Jersey) Law 1991 (the “Law”) and the introduction of a new administration regime. Given that the Law was last amended in 2014 and the changes that have occurred over the last decade, the proposed updates to the Law…
We are thrilled to announce that we have been shortlisted for the prestigious Jersey Law Firm of the Year award at the IFC Awards, organized by Citywealth. This recognition is a significant milestone, reflecting our unwavering commitment to providing exceptional legal services and our dedication to the clients and community…
Prior to 1st March 2022, the main recourse in Jersey for the creditor of an insolvent Jersey company was to seek a declaration en désastre. However, although a company may still be declared en désastre, the Companies (Jersey) Law 1991 (the “Law”) was amended to create another option by permitting…
Introduction Last year the Royal Court heard the case of Hard Rock Limited and Anor v HRCKY Limited [2023] JRC169. The case stemmed from a dispute regarding a franchise agreement (the “Franchise Agreement”) granted by the respondent Hard Rock Limited (“HRL”) to the appellant HRCKY Limited (“HRCKY”) which allowed HRCKY…
One in vogue corporate discussion point is Artificial Intelligence (“AI”), which can be attributed to AI’s rapidly improving capabilities. AI, whilst challenging to summarise, has been neatly described as “the study and development of computer systems that can copy intelligent human behaviour” by the Oxford Dictionary. However, to illuminate this…
Background As part of the Spring Budget 2024, the UK Government has announced changes to the treatment of Non-UK domiciled individuals (“Non-Doms”). In the UK Government’s own words: “The concept of domicile is outdated and incentivises individuals to keep income and gains offshore” The UK Government has confirmed that it…
Whilst not a subject of everyday conversation, making a Will is a way for you to ensure that your affairs are in order and your wishes recorded should the worst happen. If you die without having a Will in place your assets will be dealt with under the intestacy provisions…
The case of Representation of White Willow (Trustees) Limited [2022] JRC120 provides helpful clarification as to the trustee’s right to reasonable security in the form of an indemnity when making an interim distribution to beneficiaries. This case was another instalment in long running litigation concerning the Foundation, but, in summary,…
This note is intended to provide a brief rather than a comprehensive guide to the subject under consideration. It does not purport to give legal or financial advice that may be acted or relied upon. Specific professional advice should always be taken in respect of any individual matter. The…
The role of the Royal Court in supervising the administration of trusts is fundamental to the trust concept, with article 51 (1) of the Trusts (Jersey) Law 1984 (the “Law”) permitting a trustee to apply to the Royal Court for directions concerning the manner in which the trustee may or…
Recent amendments to the Proceeds of Crime (Jersey) Law 1999 (the Proceeds of Crime Law) have the scope to bring a significant number of entities that carry out business within Jersey (irrespective of whether they are located in or outside of the Island) within Jersey’s regime for the prevention and…
Case Name & Citation In the Matter of the Representations of Daisy Logistics Mezz Pledgeco Limited, Daisy Stores Mezz Pledgeco Limited and Daisy Stores II Mezz Pledgeco Limited [2023] JRC051. Factual Background Daisy Logistics Mezz Pledgeco Limited, Daisy Stores Mezz Pledgeco Limited and Daisy Stores II Mezz Pledgeco Limited…
You pays your money and takes your choice – Tenant’s liability for service charge Q: If a tenant has the right to use part of a building under the terms of his lease but doesn’t, is he still required to contribute towards its maintenance? A: In short, ‘yes’. In Reekie…
The Attorney General has released helpful guidance relating to applications for director disqualifications pursuant to Article 78 of the Companies (Jersey) Law 1991 (the “Companies Law”). Article 78 of the Companies Law allows the Attorney General, the Jersey Financial Services Commission or the Minister for External Relations and Financial Services to…
In the recent case of Monarch Investments Limited [2023] JRC024, the Royal Court was faced with a Jersey company which had become ‘paralysed’ as a result of a breakdown of relations between its two shareholders. Background The case concerned Monarch Investments Limited (the “Company”), which was a Jersey company…
The European Union has adopted various anti-money laundering directives in recent years, with the Fourth Anti-Money Laundering Directive requiring member states to implement central registers of beneficial owners of companies and the Fifth Anti-Money Laundering Directive, requiring each EU member state to make the information stored on its central register…
Voisin Law has advised Jeralie Pallot on her sale of Rowlands Recruitment, a leading local recruitment company as part of a management buyout of the company. The Voisin Law corporate team was led by partner Daniel Walker. Speaking on the transaction Voisin Law Partner, Daniel Walker commented: “We have worked…
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…
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…
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]…
