Articles

22/07/2010

Guernsey Chapter - Corporate Recovery & Insolvency 2010

This article appeared in the 2010 edition of The International Comparative Legal Guide to: Corporate Recovery & Insolvency; published by Global Legal Group Ltd, London.

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22/07/2010

Jersey Chapter - Corporate Recovery & Insolvency 2010

This article appeared in the 2010 edition of The International Comparative Legal Guide to: Corporate Recovery & Insolvency; published by Global Legal Group Ltd, London.

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24/05/2010
Guernsey - an island home: The Bailiwick of Guernsey nestles in the Gulf of St Malo, some 48 kilometres (30 miles) from the French coast and some 130 kilometres (80 miles) from the south coast of England. It comprises Guernsey, Alderney, Sark, Herm and some smaller islands. Guernsey is the largest of the islands, and has an area of 63 square kilometres (24 square miles). English is the official language but with France being so much closer than England, the Gallic infulence is obvious.; Download PDF

30/03/2010
Justice Committee Letter: Letter by Advocate Gordon Dawes in response to the publication of the Justice Committee's report on the Crown Dependencies, published Tuesday 30 March 2010.; Download PDF

25/02/2010

The Jersey Foundation - where is it going?

When the Foundations (Jersey) Law 2009, came into force on 17 July 2009, there were high hopes that the new entity it created would bring a welcome source of additional custom to the financial industry on the Island.

To date, however, only twenty-five Jersey foundations have been registered, with five of those being registry test foundations. Five further foundations were established on 17 July 2009, so we can take it take it these are likely to have been "test" foundations, set up by law firms to check how the registration process works. This leaves fifteen foundations which have been set up in six months.

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18/12/2009

Anarchic Times

“Turning and turning in the widening gyre The falcon cannot hear the falconer; Things fall apart; the centre cannot hold; Mere anarchy is loosed upon the world, The blood-dimmed tide is loosed, And everywhere The ceremony of innocence is drowned; The best lack all conviction, while the worst Are full of passionate intensity…”

This extract from Yeats “The Second Coming” perhaps describes how some lawyers and financiers are feeling about the world economy at the moment.

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18/12/2009
Things to shout about: The impact of the global economic downturn has grabbed headlines and, according to much of the media, caused investors the world over to tighten their purse strings. This said, it would appear that Guernsey is weathering the current storm reasonably well and most local financial services providers seem to have their plates full as a result of promoters seizing the opportunity to consolidate and restructure their existing product ranges.; Download PDF

18/12/2009
60 seconds with/Ozannes' Expansion in Jersey: Ozannes' Jersey office is also continuing to grow with the arrival of Jeremy Berchem, who joined the Corporate team on 1st October 2009, as a Senior Associate.; Download PDF

18/12/2009
Guernsey as an Alternative Offshore Hedge Fund Jurisdiction: At a time of increasing corporate governance requirements, greater regulatory oversight of hedge funds and the Madoff 'experience', it is becoming increasingly important to show real control over fund assets, not least by directors attending board meetings in person to query, amongst other things, custody arrangements.; Download PDF

18/12/2009
Social and Charity: Ozannes continued to be active in the community, supporting local and national charity iniatives through sponsorship and the raising of funds.; Download PDF

18/12/2009

Q&A Jersey Focus

How does Jersey differ from other fund jurisdicitions and what advantages does it offer to potential hedge fund clients?

Jersey is one of the most, if not the most, well-regulated finance centres in the world. In the past this has attracted criticism, both internally and externally, but in today's environment, Jersey's high level of regulation has become its unique selling point.

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18/12/2009
New Starters: Ozannes is pleased to announce ten new appointments.; Download PDF

07/12/2009
Farewell Roger Perrot: Roger Perrot, the last of the founding four Partners of Ozannes, van Leuven, Perrot & Evans, will be retiring at the end of the year. Advocate Perrot stepped down as Senior Partner earlier this year, handing over the reins to leading local litigator, Peter Ferbrache.; Download PDF

07/12/2009
Ozannes' Success: Ozannes is continuing to grow despite the troubled economy. The firm has recruited 26 permanent members of staff to the Guernsey office in the last 12 months, including 12 new associates, 8 within the firm's rapidly expanding litigation practice.

Investing for future growth has also featured in the firm's ambitious plans, with the addition of a number of support and project based personnel, to ensure that the new practice management systems and client relationship management programmes continue to set the firm apart as a leader in its field, not only locally but, as the first offshore firm to implement new Thomson Elite/Hubbard One technology, across the globe.; Download PDF

10/11/2009
The new securities law - the need for modernisation: The Draft Securities Interest (Jersey) Law 200- is currently in its consultation stage, and it is proposed that it will come onto the statue book in the course of 2010.; Download PDF

21/10/2009
Shareholder Activism and Governance: On 6 October 2009, Lord Myners called for a greater engagement by institutional shareholders to improve corporate governance. Stronger shareholder engagment with boards of directors was among the interim recommendations of Sir David Waler in his July consultation "A review of corporate governance in UK banks and other financial industry entities". His review and recommendations will be published next month.; Download PDF

10/10/2009
Route to Jersey: Foundations are a new vehicle passed under Jersey law last year, which came into force in July this year.; Download PDF

02/10/2009
Corporate Governance, Regulation and Life Post Credit Crunch in the Channel Islands: One definition of 'corporate governance' is that it is 'the process of regulating and overseeing corporate conduct and balancing the interests of all internal stakeholders and other parties who can be affected by the corporation's conduct in order to ensure reponsible behaviour by corporations and to achieve the maxium level of efficiency and profitability for a corporation'. It has been shown that Investors favour good and visible corporate governance as it provides confidence that a company is running well and evidence suggests that these companies or structures perform better.; Download PDF

14/09/2009
Guernsey well placed to avoid fall out from credit crunch litigation: One side effect of the credit crunch has been a surge of litigation which include, in paticular, a rise in fraud related cases. Guernsey is bound to feel the ripples of such disputes as fraudsters look to launder the gains of their fraudulent conduct, and victims seek to enforce their rights against assests deposited offshore. With the IMF due to visit next year, it is timely to review the steps which Guernsey has taken to ensure it is not used as a tool to launder fraudulent proceeds.; Download PDF

09/09/2009
The Supply of Goods and Services (Jersey) Law 2009: The Supply of Goods and Services (Jersey) Law 2009 (the"Law") will come into force on 1 September 2009. The Law has generally been heralded as welcome statutory protection for consumers in Jersey and marks a significant move away from French Norman law that previously applied. The enactment of the Law was as a result of the "Review of Consumer Protection in Jersey" published in 2001 (the "Review"). The Review made a number of recommendations in relation to the protection of consumers.; Download PDF

09/08/2009
Love thy neighbour - but don't pull down your hedge: The relationship between neighbours has always invoked strong emotions. Couple this with an island of finite space and high land prices, and the reason for a high number of boundary disputes is clear. We are all territorial, but the smaller the parcels of land on which we live the greater offence is taken at invasion of privacy and space.; Download PDF

10/07/2009
Hope for hedge funds: Although the effects of the financial crisis were not immediately felt by the hedge fund industry, things took a sharp turn for the worse in the final quarter of 2008. The number and size of hedge funds went into sharp decline as values plummeted, credit availability ceased and investor appetite for alternative investments dwindled. Now funds are taking the first steps on a long road to recovery, but are finding it difficult due to the lingering market volatility, not to mention the realisation that their long-standing dependence on leverage needs to be reassessed.; Download PDF

03/07/2009
Setting up an investment fund - the legal angle: Guernsey has always benefitted from a flexible and user-friendly investment fund regime. As a result of this regime, the value of Guernsey’s funds under management and administration grew by £22.2 billion in 2008 to a total of £200.4 billion, an increase of 12.5%. Recent regulatory changes have enhanced Guernsey’s position as a jurisdiction in which to establish offshore funds and the island continues to balance the demands of the current competitive market with the need for a robust regulatory framework. With the expected thawing of economic challenges Guernsey is well placed to attract increased fund activity.; Download PDF

18/06/2009
Striking the right balance on regulation: Whilst the impact of the global economic downturn has grabbed headlines and, according to much of the media, caused investors the world over to cinch their purse strings, many operators have seized the opportunity to capitalise from the opportunities offered by this new economic environment.; Download PDF

20/05/2009
Outstanding Past Exciting Future: 2009 is an important year in the development of Ozannes, one of the Channel Islands’ premier law firms. With Peter Ferbrache replacing Roger Perrot, one of the firm’s founding partners, as Senior Partner, the firm is embarking upon a new period of growth in Guernsey and beyond.; Download PDF

04/05/2009
Guernsey Chapter - Corporate Recovery and Insolvency 2009: GLOBAL LEGAL GROUP QUESTIONS FOR: THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO: Corporate Recovery and Insolvency 2009; Download PDF

04/05/2009
Jersey Chapter - Corporate Recovery and Insolvency 2009: GLOBAL LEGAL GROUP QUESTIONS FOR: THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO: Corporate Recovery and Insolvency 2009; Download PDF

28/04/2009
Trustees and Divorce - Further developments on the protection of beneficiaries: Jersey trustees and the Royal Court are becoming used to dealing with issues arising from divorce actions raised in England - usually where one spouse seeks a payment directly or indirectly from the trust fund of a trust administered in Jersey. One recent case in the Royal Court ‘In the matter of C Trust Company Limited [2009] JRC 048’, involved a claim by a wife against her former husband, which is not unusual, but also involved the interests of the husband’s partner, with whom he had two children, who was a beneficiary of the trusts together with her two children.; Download PDF

01/03/2009
Fund Redemptions: The global “credit crunch” has triggered an upsurge in fund redemptions as investors seek shelter from the fallout of an economic crisis that has been described as the worst financial disaster since The Great Depression. In the world of funds, the crisis has seen an increase in disputes between investors and funds as their interests diverge in the wake of the liquidity crisis. This article examines the primary cause and seeks to highlight steps that may be taken to mitigate against the prospect of costly and commercially embarrassing disputes.; Download PDF

01/03/2009
Funds 2008: The current financial markets and global economic conditions are having a profound impact on funds business in Jersey. Despite these 1930s-style economic conditions, funds are still being established, especially unregulated funds. Unregulated funds were launched in Jersey at the beginning of 2008 when the Collective Investment Funds (Unregulated Funds) (Jersey) Order 2008 (the “Order”) came into force. The Order created two new types of unregulated funds, which as the name suggests are exempt from regulation by the Jersey Financial Services Commission (the “Commission”) and are, therefore, very fast to establish.; Download PDF

01/03/2009
Garnet Limited: Ozannes Litigation has recently had a significant victory before the Guernsey Court of Appeal for its client Garnet Investments Limited, a company owned by Tommy Soeharto, the youngest son of the former Indonesian President Soeharto. Robert Shepherd and Chris Edwards were instructed some 4 years ago by Garnet in an attempt to compel BNP Paribas to release €36 million “blocked” by BNP Paribas in a Guernsey account. Garnet issued breach of mandate proceedings against BNP, as a result of which the Government of Indonesia intervened and obtained a freezing order in respect of the funds on the basis that they were the proceeds of corruption on the part of Tommy Soeharto and his father.; Download PDF

01/03/2009
Protection of Investors: The past three months have seen various changes to investment fund regulation in Guernsey. On 29 October 2008 all of the amendments to The Protection of Investors (Bailiwick of Guernsey) Law, 1987 as amended (“POI”) made by The Protection of Investors (Bailiwick of Guernsey) (Amendment) Law, 2007 became effective. The new Rules necessary to give full effect to those amendments were then published by the Guernsey Financial Services Commission (“GFSC”) on 15 December 2008.; Download PDF

24/02/2009
The New Solvency Test - extended version: In the executive summary prepared by the Commerce and Employment Department of the States of Guernsey addressed to the Chief Minister dated 26 January 2007 regarding the revisions of the Companies Law in Guernsey (the “Policy Letter”), one of the most significant proposals was a recommendation that the concept of capital maintenance be discarded in favour of a solvency model as the measure of the ability of a company to make distributions. These revisions came into effect on 1st July 2008 with the introduction of the Companies (Guernsey) Law 2008.; Download PDF

23/02/2009
The times they are a-changing: “The times they are a-changing” in the Channel Islands. Indeed both islands have recently implemented a number of legal, structural, regulatory and procedural changes which have principally been to improve or streamline the legal and/or regulatory regimes without affecting their status as well but not over regulated centres. These changes occurred before the current financial crisis but have been a tool in trying to cope with the difficulties that these, as all, jurisdictions face.; Download PDF

23/02/2009
Sharia'a Compliant Trusts: To understand and appreciate the use of Sharia’a compliant trusts, one must first understand what the Sharia’a is. The Sharia’a is the divine law of Islam as derived from the Quran and Sunnah1 and also Qiyaas and Ijma2. It is not a code of law like English law for example, but rather a set of rules which govern how Muslims (followers of Islam) conduct their daily lives.; Download PDF

09/02/2009
The New Solvency Test: In the executive summary prepared by the Commerce and Employment Department of the States of Guernsey addressed to the Chief Minister dated 26 January 2007 regarding the revisions of the Companies Law in Guernsey (the “Policy Letter”), one of the most significant proposals was a recommendation that the concept of capital maintenance be discarded in favour of a solvency model as the measure of the ability of a company to make distributions. These revisions came into effect on 1st July 2008 with the introduction of the Companies (Guernsey) Law 2008.; Download PDF

26/01/2009
Jersey's new Institute of Law: Jersey’s new Institute of Law opens its doors to candidates for the Advocates and Solicitors Examination later this year. Matthew Jowitt – a survivor of the old examination process – and now the Institute’s Adjunct Professor of Procedure – sees a change for the better.; Download PDF

05/01/2009
Article of Arbitration: Where two or more parties have a dispute that they cannot resolve between themselves, the conventional solution is to go to Court and let the Judge (and, in Guernsey, usually the Jurats as well) decide the case. However, litigation in Court is not the only solution and there is an increasing use of ‘alternate dispute resolution’ (often shortened to ‘ADR’). There are various different forms of ADR, including arbitration, mediation and adjudication. This paper will limit itself to a discussion of arbitration.; Download PDF

22/11/2008
Redundancy in the current climate: When economic forecasts are gloomy and the need to make cuts in the workforce necessary, the last thing any business needs is to be liable to further costs because of a failure to deal with redundancies properly. When the States of Guernsey brought in the employment protection legislation, it rejected a statutory redundancy payment scheme. Continuing the business-friendly model the legislators decided that the only legal requirement in Guernsey would be that any redundancy be dealt with in a fair way. For employers this does not mean that redundancies should be entered into without first, very carefully, considering their obligations.; Download PDF

13/11/2008
Recent Changes to Jersey Companies Legislation: Building on the amendments to Jersey companies' legislation in 2006 (a major feature of which was to introduce provisions concerning protected and incorporated cell companies), further substantive changes and refinements were introduced by the States of Jersey in 2008 in this area, reflecting international trends. The changes have been made to the principal companies' legislation in the Island - the Companies (Jersey) Law 1991 (the "Companies Law") - and are contained in two parts.; Download PDF

28/10/2008
Flexibility wins out in a changing environment: Guernsey has always been recognised as a very stable yet highly flexible offshore jurisdiction with good but not excessive regulation. That means that despite blips in the regional or global economy that may result in a slowdown in capital-raising, by virtue of its versatility and its regime Guernsey is always adaptable to any new type of product that suits the changed economic environment.; Download PDF

26/09/2008
Country Guides Guernsey: The Bailiwick of Guernsey comprises three main islands: Guernsey, Alderney and Sark. Alderney and Sark are dependencies of Guernsey but have certain legislative powers of their own.; Download PDF

26/09/2008
Funds 2008 (starts with On 19th February 2008): On 19 February 2008 a new class of unregulated fund was established in Jersey when the Collective Investment Funds (Unregulated Funds) (Jersey) Order 2008 (the “Order”) came into force. The Order created two new types of unregulated funds, that as the name suggests are exempt from regulation by the Jersey Financial Services Commission (the “Commission”). This; Download PDF

01/08/2008
All change on Regulation: In June of this year, the Jersey Financial Services Commission (the “Commission”) issued Position Paper No. 4 in relation to amendments to regulatory legislation. The primary legislation to which this relates is the Banking Business Law (Jersey) 1991, Collective Investments Funds (Jersey) Law 1988 (the “CIF Law”), Financial Services (Jersey) Law 1998 (“FSL”) and the Insurance Business Law (Jersey) 1996 (together, the “Regulatory Laws”).; Download PDF

05/06/2008
The Company Secretary: The Company Secretary was, in the nineteenth century, described as a mere servant of the company whose position was “to do what he is told.” The provisions of the new company law in Guernsey demonstrate a change in the perception of the rôle of the company secretary. The extensive duties and responsibilities now faced by a company’s secretaries are not only evident in the new law but also in practice with the expansion of their rôles as officer of the companies, who often may be delegated to make representations and enter into documents on a company’s behalf.; Download PDF

01/06/2008
Jurisdiction update: Guernsey together with the Islands of Alderney and Sark, which are separate for certain purposes, constitute the Bailiwick of Guernsey, being part of the Channel Islands situated in the Bay of Saint Malo. It is currently regarded as a “Crown Dependency” of the English Crown with its association with that crown going back to 1204. Guernsey has a democratic assembly known as the States of Guernsey whilst Alderney and Sark have their own parliaments. The primary legislation in respect of Money Laundering is contained in two statutes namely the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 as amended and the Disclosure (Bailiwick of Guernsey) Law, 2007.; Download PDF

01/06/2008
Sanctions: Most people are familiar with the concept of sanctions and what they mean in general terms. It will come as little surprise to discover that those sanctions directly applied in Guernsey tend to follow on from measures implemented and agreed elsewhere. Where a sanction originates from a pronouncement of the European Union, it is implemented by means of an ordinance under the provisions of the European Communities (Implementation) (Bailiwick of Guernsey) Law, 1994, which provides that the States may, by ordinance, make such provision as they consider necessary, or expedient for the purpose of implementing any European community provision.; Download PDF

09/04/2008
Guernsey: At the end of December 2007 funds under management and administration in Guernsey had reached a total of £178.2 billion, an increase of 36.9% during the course of 2007.; Download PDF

04/02/2008
The Companies Guernsey Law 2008: A new company law in Guernsey has been passed by the States of Guernsey, which is likely to come into effect in the middle of 2008. The intention is to modernise the existing law and to consolidate the secondary legislation which has augmented it.; Download PDF

07/08/2007
Guernsey Profile: The Bailiwick of Guernsey comprises three main islands: Guernsey, Alderney and Sark. Alderney and Sark are dependencies of Guernsey but have certain legislative powers of their own. The Bailiwick is not part of the United Kingdom and therefore is not represented in the UK Parliament. Acts of Parliament do not apply in the Bailiwick unless extended by Order in Council. The UK Government is, however, responsible for the Bailiwick’s international representation and external defence. In the case of international representation the Bailiwick is currently seeking to enhance and increase its international profile.; Download PDF

06/08/2007
Permanent Capital Here to Stay: One of the characteristics of a permanent capital vehicle is that the proceeds, and hopefully profits, of the realisation of the fund’s investments are reinvested (instead of being returned to investors, as would normally be the case with a private equity limited partnership investment vehicle).; Download PDF

06/08/2007
Relocating to Guernsey: The second largest of the Channel Islands, Guernsey consists of some 24 square miles and has a population of just over 61,000. It is at a hub of a thriving set of financial services industries and unlike its somewhat larger sister, Jersey, provides more flexible opportunities both for individuals wishing to establish residence and for companies seeking to relocate there.; Download PDF

17/07/2007
The growth of Investment Funds in Guernsey: Investment funds are an established but continuously growing industry in Guernsey because of the attractiveness of the territory as an offshore jurisdiction and its tax regime. Ozannes specialise in the establishment of private equity funds, fund of funds, property/real estate funds and emerging market funds, and have seen an influx of activity over the past few months.; Download PDF

17/07/2007
Dog leg Claims and Trustees Legal Costs: Five recent decisions of the Royal Court of Jersey illustrate that Jersey continues to be at the cutting edge of trust law. The first relates to the so called “dog-leg” claim by beneficiaries of a trust directly against the directors of a corporate trustee. The other four decisions relate to a trustee’s entitlement to repayment of legal costs from trust assets where the trustee is a party to litigation involving the trust and is acting neutrally.; Download PDF

04/05/2007
Longevity Bonds. One possible solution to the Pension Funding Crisis.: By David Moore, Advocate
The last couple of years saw the introduction of the first ‘longevity bonds’. Longevity bonds are designed to hedge the exposure faced by, primarily, pension funds (or state pension funding requirements) as a result of the increased life expectancy of their members or participants. These financial instruments are one of the latest examples of convergence between the insurance and other financial services industries, in this case derivatives. They also emerge at a time when many pension funds are reaching crisis point in trying to match their assets and their liabilities.; Download PDF

03/05/2007
Misleading Investors - The Royal Court of Jersey delivers an important judgement: By Mark Temple, Partner, Ozannes – Jersey
In Jersey Financial Services Commission v Alternate Insurance Services Limited & Others [2007] JRC048 the Royal Court of Jersey (Commissioner R Southwell QC and Jurats Le Brocq and Georgelin) delivered a very significant judgment concerning certain of the provisions in the Financial Services (Jersey) Law 1998 (the “1998 Law”). The 150 page judgment clarifies the law concerning making misleading statements to investors and confirms that Court has very wide powers to compensate investors. The Court also made observations which raise the possibility of further regulation for financial services businesses.; Download PDF

02/04/2007
Jersey - The New European Centre for Funds: AS JERSEY CONTINUES TO ENHANCE ITS REGULATORY REGIME it is becoming a leading European centre for specialist funds business. Recent figures show that the value of funds under administration in Jersey, now at a record high of £179.1bn, has risen by 30% over 2006. The hedge fund sector along, with private equity and property, has been the catalyst for much of the growth that began in 2004 when the Expert Fund Guide, the new streamlined authorisation regime for alternative investment funds, was introduced by the Jersey Financial Services Commission (JFSC).; Download PDF

04/07/2005
Offshore Trusts and Onshore Divorces: A growing issue: Divorce proceedings are now more frequently being seen to affect trusts that were set up for such reasons as tax and inheritance planning, when disputing parties seek information or variations on existing trusts. St John Robilliard explains the current situation when matrimonial disputes involve such trusts. First published in Global Assets, July 2005 edition; Download PDF

02/07/2005
A note on Planning: With a new Guernsey planning law in the pipeline Roger Perrot tells us how the States of Guernsey’s Environment Department has dealt with planning issues and looks at the likely implications of the new law. First published in Lovells Open Market Brochure in July 2005; Download PDF

20/06/2005
Corporate Governance in an Offshore Context.: Paul Christopher examines how corporate governance practices now demand more from directors than in the past, particularly those involved in the offshore world. First published by Euromoney in their June 2005 "Corporate Finance" issue.; Download PDF

25/05/2005
Property Matters - Buying a house in Guernsey: Buying a house in Guernsey can be a complicated process. Roger Perrot guides you through the various steps and factors that need to be taken to complete a property purchase. First published in 24Seven Magazine.; Download PDF

12/05/2005
A Note on Letting: The States of Guernsey corporate housing programme was designed to provide sufficient decent and affordable housing to meet growing demand. Roger Perrot looks at the considerations to be made when letting out property and the pitfalls that may arise. First published in Swoffers Local Market Review in May 2005.; Download PDF

04/04/2005
Guernsey's New Qualifying Investor Fund Regime (QIFs).: The introduction of this new regulation introduced by the GFSC to further ease the requirements for fund business in Guernsey is explained by Gavin Farrell. First published in “Legal Week” Offshore feature, March 2005.; Download PDF

04/04/2005
Guernsey as a Hedge Fund Jurisdiction.: Gavin Farrell writes for the Alternative Investment Management Association (AIMA) and explains how Guernsey operates as a competitive jurisdiction for hedge funds.; Download PDF

04/02/2005
Guernsey as a Competitive Jurisdiction for Hedge Funds.: Gavin Farrell reports on the latest news surrounding the Guernsey fund sector for Hedge Fund Manager in their Channel Islands special report.; Download PDF

16/11/2004
40 Years on - Some Problems Experienced with Middle Aged Trusts: St John Robilliard looks at the problems of trusts created in the early days of the offshore industry when a very different legal climate prevailed. First published in Business Brief in November 2004.; Download PDF

01/09/2004

Commerical Leases: A few important differences between Guernsey and English law

I clearly remember as an English Solicitor returning to Guernsey in 1996, that it was extremely reassuring to find that the form of a Guernsey lease was very familiar. With much of the conveyancing documentation being drafted in French up until 1969, the form of leases, it seemed, owed much to English Law with their form and content, very much reflecting that used at that time when I had practiced in Oxford.

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02/02/2004

Considerations for Developers: estate schedules for small developments and conversions

Following the introduction of the Real Property (Reform) (Guernsey) Law, 1987 ("the 1987 Law"), the construction of small developments of flats and the conversion of larger buildings to flats has escalated.

The 1987 Law removed any doubts as to whether it was possible, in Guernsey, to convey property horizontally. Up until this time the legal position was not clear regarding buildings which were not themselves built on the ground but were supported by other buildings

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12/06/2003
ESTATE AGENTS BEWARE: THE CONTINUING DUTY: Roger Perrot,Ozannes' senior partner looks at the recent case of John D Wood & Co (Residential and Agricultural) Ltd v Knatchbull and discusses the implications of this judgment on estate agents.; Download PDF

15/11/2002
SECURITISATION AND FINANCING STRUCTURES: John Dyke, a Consultant of Ozannes, describes how Guernsey has developed in recent years as a convenient and efficient jurisdiction in which to establish offshore securitisation and other financing structures.; Download PDF

02/10/2002
TRUSTS - A 'FERTILE FIELD' FOR LITIGATION: Ozannes' Senior Partner, Roger Perrot, addresses some questions on how recent legal developments – such as the Alan Stuart-Hutcheson v Spread Trustee Co Ltd. case – are affecting the trust world in Guernsey.; Download PDF

22/09/2002
LITIGATING OFFSHORE: Robert Shepherd of Ozannes Litigation reports on the legal system in Guernsey and how it differs to England.; Download PDF

16/09/2002
ENFORCEMENT OF SECURITY INTEREST AGREEMENTS: Peter Harwood, Head of Ozannes Corporate, and Robert Shepherd of Ozannes Litigation describe the problems of attempting to Liquidate an insolvent company.; Download PDF

19/04/2002
The LEGAL ASPECTS OF E-BUSINESS IN GUERNSEY: David Moore of Ozannes Corporate reviews how Guernsey has developed its E-Business capabilities and the legislation it now has in place.; Download PDF

19/04/2002
GUERNSEY EMPLOYMENT LAW UPDATE: The Employment Protection (Guernsey) Law 1998 introduced the concept of unfair dismissal to Guernsey employment relations. Jessica Roland of Ozannes Litigation discusses the effects of this legislation.; Download PDF

20/02/2002
THE LEGAL ASPECTS OF COMMERCIAL PROPERTY TRANSACTIONS IN GUERNSEY: Due to the proliferation of the finance industry and the resultant increase in prosperity in the last 25 years, legal practitioners in Guernsey have been required to draft and advise on substantial and increasingly complex property transactions in the commercial field. Edward Prentice of Ozannes Property outlines the legal aspects that effect these transactions.; Download PDF