The key to controlling the cost of trust litigation is effective business management, believes one of Jersey’s most experienced trust lawyers. Establishing clear responsibility and managing processes effectively would save time and costs should an issue become contentious.

Jersey’s position as an international finance centre has created a legal and commercial climate in which foreign laws and interests are commonly considered by the Royal Court of Jersey. Given the continued difficult economic climate, remedies in relation to cross border insolvency are becoming increasingly relevant.

Although the Euro crisis appears to be more stable, it still appears far from resolved, and so stable, but critical. Jersey investors with Euro portfolios may therefore eye our Continental neighbours increasingly nervously, thinking the previously unthinkable: will the Euro survive? If not, of immediate importance amid the chaos will be what happens to debts they have or are owed in Euros, says Richard Holden.

At the end of May the Supreme Court in England heard arguments on one of the most important decisions it could be asked to make in English insolvency law in recent years. David O'Hanlon explains more about the case, which arises out of the liquidation of The Consumers Trust under Chapter 11 provisions in New York. The liquidators of TCT subsequently initiated recovery proceedings in New York against a number of respondents including Eurofinance SA, and certain individuals.

‘The small print is no longer enough’. The recent case of Cafe de Lecq Limited v R A Rossborough (Insurance Brokers) Limited 2012 JRC 53 has put an end to the cry “it’s in the small print”. That would be more than enough to make anyone who wishes to rely on an exclusion clause to sit up and take notice; but, even more importantly for insurers, an expert in the case labelled so called Quote Engines as laying the ground for “the next big miss-selling scandal”. Read about the case in this article by Carl Ashcroft.

From 1 March 2012 the Rules of The Royal Court in Jersey regarding bodies corporate being represented by its Directors in respect of Court proceedings are changing.

There are several ‘crisis’ scenarios in which a regulated financial services institution might be required to disclose documents they hold. There is an ever increasing chance of a business finding itself faced with one of these situations, says Ben Havard. In this article he suggests ways to to ensure your business remains as strong as it can when one emerges.

In the current economic climate it would seem that the Guernsey Financial Services Commission is taking regulatory action more regularly and forcefully than in years gone by. This article outlines the GFSC's specific enforcement powers, rights to appeal and what you should do if you receive an enforcement notice.

The (as yet, unreported) decision of the Court of Appeal in the matter of The Chief Officer, Customs & Excise, Immigration and Nationality Service -v- Garnet Investments Limited could have wide ramifications for the banking industry and those regularly subject to the reporting regimes under the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey Law 1999 (the Proceeds Law). David O'Hanlon looks at the view of the Court of Appeal in Garnet that the burden of demonstrating whether or not the funds a bank holds are ‘tainted’ fall on the bank, rather than its customer or the Financial Intelligence Service.

The Royal Court of Jersey’s approval of third party funding has given businesses and individuals in the Island improved access to justice. In a recent judgment (In the Matter of the Valetta Trust), the Royal Court has given its approval, in principle, to third party funding arrangements, facilitating access to justice in the Jersey courts by plaintiffs (claimants) who would not otherwise be able to bring a claim, explains Danny Le Maistre.

It is always critical to ensure that there is value in pursuing or continuing to pursue proceedings. However, taking investigative and protective measures in offshore jurisdictions can be a minefield for those who are unfamiliar with the jurisdictions in question, in both the civil and criminal arenas.

As the final whistle sounds on the long running case between Leeds United, Admatch and Admatch’s director Mr Weston, the Court of Appeal has reaffirmed the law on the issuing of costs against a non-party to court proceedings and clarified the occasions when indemnity costs will be ordered.

The recent spate of super injunctions has gripped the UK press for some time now. Several high profile individuals have been revealed to have applied for super injunctions to be granted to prevent third parties from disclosing (usually) damaging revelations about them to the public. Gareth Morgan explans what a super injunction is and how it relates to image rights.

With a rising demand for asset tracing and recovery processes Collas Crill has seen a greater use of mirror injunctions and insolvency-related tracing and recovery applications over the past two years. In this roundtable discussion facilitated by Financier Worldwide, dispute resolution partner Christian Hay discusses the demand for asset-tracing and recovery services in the Channel Islands, the cost and benefits of the process and how difficult it is to accurately trace the movement of cash and assets in fraud-related cases.

In a recent decision Guernsey's Employment and Discrimination Tribunal dismissed an applicant's claim for unfair dismissal and held that the respondent employer had acted reasonably in treating the applicant's misconduct as a sufficient reason for his dismissal. Emma Parr explains the decision but issues a word of warning to employers: always be mindful to adopt fair disciplinary procedures.