In your court: offshore dispute resolution review July 2017

Litigation reform in Jersey – what the new Practice Directions mean in… practice

Reforms of Jersey's litigation rules came into force on 1 June. Counsel Nicola Roberts from our Jersey Dispute Resolution team looks at the key developments including:

  • An explicit overriding objective in proceedings: to deal with cases justly and at proportionate cost
  • New rules on the content and timing of pre-action communications
  • Where the value of a claim is estimated to be less than £500,000, costs budgets must be filed within seven days of a first summons for a directions hearing
  • A new power for the Royal Court to dispense with discovery or to limit it to what is reasonable and proportionate
  • A change to the test to be applied by the Court on applications for summary judgment

Read the full briefing: Litigation reform in Jersey – what the new Practice Directions mean in… practice

What you need to know about the JIN guidelines adopted in BVI

The adoption of new international guidelines on cross-border insolvency matters by the BVI courts has been widely welcomed. The Judicial Insolvency Network guidelines – drafted in 2016 by ten insolvency judges from international jurisdictions, including a BVI Commercial Court Judge – aim to create co-operation and communication between courts on cross-jurisdiction proceedings, and to minimise the time and expense involved in litigation. Ogier insolvency law specialist Nicholas Brookes explains the implications.

Read the full briefing: BVI adoption of Judicial Insolvency Guidelines: Q&A with Nicholas Brookes from Ogier's BVI Dispute Resolution team

Novel use of a provisional liquidator in Guernsey Royal Court

The Royal Court of Guernsey recently appointed a provisional liquidator over a Guernsey company. Counsel Alex Horsbrugh-Porter, explains the implications of an unusual case in this briefing. He was instructed by a client who supported the court application made on behalf of the minority shareholder in the matter of IPIS UK (Battersea London I) Limited, which secured the first appointment of a provisional liquidator, in unusual circumstances – the company is solvent, and will be for the foreseeable future.

Read the full briefing: Novel use of a provisional liquidator in the Royal Court of Guernsey

Comfort offered to trustees in Beddoe relief judgment

The Grand Court of the Cayman Islands has granted Beddoe relief to a trustee, in circumstances where a successful third party claim would have exhausted the trust assets. By obtaining a Beddoe order, a Cayman Islands trustee can now safeguard its position as to costs – even if the third party ultimately succeeds in its claim and is awarded a judgment sum that exhausts the trust assets - Partner Rachael Reynolds explores the case.

Read the full briefing: Beddoe relief where a third party claim may exhaust Trust assets

Do not let UK political uncertainty slow down your preparation for the Criminal Finances Act

The election fallout in the UK shouldn't lead businesses to lose sight of their responsibilities under the new Criminal Finances Act 2017, says Ogier partner Nick Williams – who says firms should be planning and preparing for new offences that will come into effect in September, despite the post-election chaos in the UK.

Read the full briefing: UK General Election hasn't side-tracked new failure to prevent facilitation of tax evasion law

About Ogier

Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Jersey and Luxembourg law through its global network of offices. Ours is the only firm to advise on these five laws. We regularly win awards for the quality of our client service, our work and our people.

Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found at www.ogier.com

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