Mr Jonathan Hughes

Jonathan Hughes

Updates

Corporate Finance/M&A

Jersey – a home for private equity fund managers
Jersey | 06 January 2021

Jersey is witnessing a spike in the inflow of private equity fund managers establishing a physical presence on the island. A number of household name fund managers across all asset classes now call Jersey home, with others in advanced stages of planning to follow them into Jersey. What are the principal drivers of this trend?

Employment & Immigration

COVID-19: government financial support for employers
Jersey | 08 July 2020

This article outlines the financial support available to employers in Jersey that have been adversely affected by measures introduced to manage the spread of COVID-19. Such support includes the payroll co-funding scheme and the deferral of social security contributions.

Insolvency & Restructuring

Recognition of UK insolvency practitioners in Jersey
Jersey | 11 September 2020

In the current COVID-19 environment, more businesses will likely become insolvent, some of which will have an interest in Jersey property. Insolvency practitioners appointed outside Jersey in respect of an overseas person or company (or Jersey company subject to English insolvency proceedings) must be recognised in Jersey before they can deal with certain forms of Jersey property. This is because Jersey immoveable property can be transacted only by passing a contract before the Royal Court.

Recognition of insolvency practitioners in Jersey
Jersey | 19 April 2013

At the end of a financial year, there is likely to be an increase in the number of businesses becoming insolvent, some of which may have an interest in Jersey property. Insolvency practitioners appointed outside Jersey in respect of an overseas person or company must be recognised in Jersey before they can deal with certain forms of Jersey property, as Jersey immovable property can be transacted only before the Royal Court.

Private Client & Offshore Services

An ideal location in uncertain times for family offices
Jersey | 21 January 2021

The COVID-19 pandemic has raised immediate issues for many wealthy families, notably around tax residency and immigration, but on the flip side it has given wealthy families the opportunity to take stock and consider how they want to be structured and, fundamentally, where they want their family office to be located. This article considers the features which make Jersey attractive for family offices.

Jersey – a home for private equity fund managers
Jersey | 24 December 2020

Jersey is witnessing a spike in the inflow of private equity fund managers establishing a physical presence on the island. A number of household name fund managers across all asset classes now call Jersey home, with others in advanced stages of planning to follow them into Jersey. What are the principal drivers of this trend?

Open dialogue needed to avoid COVID-19 construction disputes
Jersey | 15 October 2020

The potential for disputes in construction projects has risen sharply with the performance and enforcement of contracts directly affected by COVID-19. An open and frank dialogue early on between the parties steered as a form of informal mediation or collaboration can quickly put an end to frustrations and disputes and lead the way for a successful, more cost-effective solution to any dispute that may arise.

Accessible premises and disability discrimination
Jersey | 08 October 2020

Jersey's discrimination legislation was recently extended so that businesses, service providers and those managing and letting premises must take reasonable steps to avoid disadvantaging people with disabilities in relation to the accessibility of their premises. This law change is for the benefit of employees, customers, clients and tenants, but it also means that businesses and premises will be more accessible to the thousands of people in Jersey who have a disability.

Recognition of UK insolvency practitioners in Jersey
Jersey | 10 September 2020

In the current COVID-19 environment, more businesses will likely become insolvent, some of which will have an interest in Jersey property. Insolvency practitioners appointed outside Jersey in respect of an overseas person or company (or Jersey company subject to English insolvency proceedings) must be recognised in Jersey before they can deal with certain forms of Jersey property. This is because Jersey immoveable property can be transacted only by passing a contract before the Royal Court.

COVID-19: government financial support for businesses
Jersey | 02 July 2020

This article outlines the financial support available to businesses in Jersey that have been adversely affected by measures introduced to manage the spread of COVID-19. Such support includes the payroll co-funding scheme, the business disruption loan guarantee scheme, the COVID-19 Special Situations Fund, the deferral of social security contributions and goods and services tax payments, government rent deferrals and renegotiations and measures regarding income tax debts.

COVID-19: temporary arrangements between landlords and tenants in respect of commercial leases
Jersey | 11 June 2020

Due to the COVID-19 pandemic, the Jersey courts are prioritising certain cases and are unlikely to deal with property-related matters. As such, the government recently issued commercial property guidance to encourage landlords and tenants to negotiate temporary compromises with regard to lease obligations in a reasonable manner if either party experiences financial difficulties arising from the pandemic.

COVID-19: implications for planning appeals
Jersey | 28 May 2020

The Law Society of Jersey issued guidance regarding the courts' COVID-19 contingency plans, noting that planning appeal hearings have been suspended due to independent inspectors being unable to travel to the island. New appeals will continue to be processed without the final hearing dates being fixed at this stage. Therefore, parties that wish to appeal a planning decision must meet the usual timeframes.

Family offices and Jersey's economic substance rules
Jersey | 05 December 2019

The Taxation (Companies – Economic Substance) (Jersey) Law 2019 came into effect in January 2019 and applies to certain Jersey tax-resident companies which conduct one or more relevant activities. Family office structures which include Jersey tax-resident companies must consider whether those companies fall within the scope of the law. If they do, they must satisfy the three-stage test set out in the law or face a number of progressively punitive penalties.

Jersey real estate – an investment that doesn't go out of fashion
Jersey | 18 May 2017

Investment into Jersey property and, in particular, into office developments in Saint Helier, has continued to be popular. This points to an appetite for high-quality, large-scale investment properties backed by solid covenants. With the market steadily improving, the island is looking forward to increased investment activity across the investment property sector. Maintaining an attractive investment market in the context of the relevant tax principles' impact on investment will be a vital part of this.

Recognition of insolvency practitioners in Jersey
Jersey | 18 April 2013

At the end of a financial year, there is likely to be an increase in the number of businesses becoming insolvent, some of which may have an interest in Jersey property. Insolvency practitioners appointed outside Jersey in respect of an overseas person or company must be recognised in Jersey before they can deal with certain forms of Jersey property, as Jersey immovable property can be transacted only before the Royal Court.

Guide to buying a flying freehold apartment in Jersey
Jersey | 04 April 2013

The Flying Freehold Law was enacted to enable units within buildings to be sold on a freehold basis, instead of by share transfer. The law provides for the division of a property into private units and common parts. Ownership of a private unit grants outright freehold title to an apartment. Each co-owner is also allocated a percentage interest in the common parts and must contribute towards their maintenance and upkeep.

Preserving rental income streams: the end of grandfathering provisions
Jersey | 02 February 2012

Under the Goods and Services Tax (Jersey) Law 2007, a landlord of commercial property in Jersey may be liable to account to the States of Jersey for 5% of its rental income. Commercial leases entered into before the law was published have been grandfathered, but this five-year exemption on goods and services tax liability ends later this year. All commercial leases will then potentially become taxable supplies.

Projects, Construction & Infrastructure

Open dialogue needed to avoid COVID-19 construction disputes
Jersey | 19 October 2020

The potential for disputes in construction projects has risen sharply with the performance and enforcement of contracts directly affected by COVID-19. An open and frank dialogue early on between the parties steered as a form of informal mediation or collaboration can quickly put an end to frustrations and disputes and lead the way for a successful, more cost-effective solution to any dispute that may arise.

Real Estate

COVID-19: implications for planning appeals
Jersey | 29 May 2020

The Law Society of Jersey issued guidance regarding the courts' COVID-19 contingency plans, noting that planning appeal hearings have been suspended due to independent inspectors being unable to travel to the island. New appeals will continue to be processed without the final hearing dates being fixed at this stage. Therefore, parties that wish to appeal a planning decision must meet the usual timeframes.

Preserving rental income streams: the end of grandfathering provisions
Jersey | 03 February 2012

Under the Goods and Services Tax (Jersey) Law 2007, a landlord of commercial property in Jersey may be liable to account to the States of Jersey for 5% of its rental income. Commercial leases entered into before the law was published have been grandfathered, but this five-year exemption on goods and services tax liability ends later this year. All commercial leases will then potentially become taxable supplies.