Ms Josephine Howe

Josephine Howe

Updates

Litigation

Royal Court reconsiders application of Hastings-Bass principle in Jersey
Jersey | 26 November 2013

Following the English Supreme Court decisions in Pitt v Holt and Futter v Futter, the Jersey Royal Court has recently reconsidered the application of the Hastings-Bass principle. The principle concerns decisions of trustees where they have failed to take into account relevant considerations or have taken into account considerations that they should not have.

Private Client & Offshore Services

In force: Financial Services (Disclosure and Provision of Information) (Jersey) Law, Order and Regulations
Jersey | 04 February 2021

The Financial Services (Disclosure and Provision of Information) (Jersey) Law 2020 recently came into effect, introducing a revised statutory framework for reporting information on beneficial owners and controllers. This article provides an overview of the secondary legislation introduced under the law – namely, the Financial Services (Disclosure and Provision of Information) (Jersey) Order and the Financial Services (Disclosure and Provision of Information) (Jersey) Regulations – and the filing deadlines.

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.

Remedies for mistake under Jersey law
Jersey | 14 July 2016

As a matter of law, the doctrine of mistake allows a settlor that settles property on trust to apply to the court to set aside or unwind transactions where there was a mistake on the part of the settlor, the settlor would not have entered into the transaction but for the mistake or the mistake was of so serious a nature as to render it unjust. The Royal Court recently dealt with such a case, finding that a mistake regarding the tax consequences of a transfer to a trust is considered a mistake.

New law expands scope of remedies under Hastings-Bass principle
Jersey | 05 December 2013

A recent amendment to the Trusts (Jersey) Law enshrines into statute the existing Jersey law relating to the so-called 'rule in Hastings-Bass' and the doctrine of mistake. The effect of the amendment is to insert four separate remedies into the existing law to render a transfer or other disposition relating to trust property or exercise of power voidable on the grounds of mistake or under the rule in Hastings-Bass.

Royal Court reconsiders application of Hastings-Bass principle in Jersey
Jersey | 28 November 2013

Following the English Supreme Court decisions in Pitt v Holt and Futter v Futter, the Jersey Royal Court has recently reconsidered the application of the Hastings-Bass principle. The principle concerns decisions of trustees where they have failed to take into account relevant considerations or have taken into account considerations that they should not have.

Where is the defence? Court rules on trustee neutrality
Jersey | 22 March 2012

A trustee would ordinarily be expected to take a neutral position in relation to hostile litigation affecting trust assets. However, where the court considers that it is inappropriate for the claim on the trust assets to go undefended and there is no other party willing and able to take up the defence, the court may direct the trustee to defend the trust. The Royal Court recently considered one such case.

Recovery of trust documents from a third party
Jersey | 20 October 2011

In a recent case before the Royal Court, the court considered an application of a trustee to recover documents relating to a trust from the police, following the seizure of those documents from a former employee as part of a fraud investigation. The court ruled that the trustee was entitled to the trust documents and this was unaffected by the subsequent seizure of such documents by the police.

Court rules on application by trustee for approval of momentous decision
Jersey | 26 May 2011

The Royal Court recently approved a momentous decision by a trustee in a case that concerned payment from a trust of moneys representing an award by the English High Court in divorce proceedings to the former wife of a beneficiary of the trust. This case considered proper exercise of a trustee's powers, where its powers are not in doubt, but the trustee wishes to obtain the court's blessing before exercising them.

The rectification of an erroneous instrument of appointment and retirement of trustees
Jersey | 12 May 2011

A recent matter concerned the rectification by the Royal Court of an error in an instrument of appointment and retirement of trustees. The error had resulted in the invalid retirement and appointment of successor trustees, and was compounded by the trustee who had purported to retire having subsequently been struck off.

Royal Court considers position of trustee on notice of adverse claim
Jersey | 24 March 2011

In a recent case the Royal Court considered the position of a trustee who had received notice of an adverse claim contesting the origin of the trust assets, but in respect of which litigation had not been brought forward. The court balanced the duty of the trustee to the beneficiaries to administer the trust and the interest of the respondent in obtaining justice in respect of his claim.

Court rules on remedy of rectification
Jersey | 24 February 2011

A recent case of the Jersey Royal Court considered the legal test for rectification and, in particular, whether suing a professional adviser who had given mistaken advice on which the settlor had relied is an alternative practical remedy to rectification.

White Collar Crime

In force: Financial Services (Disclosure and Provision of Information) (Jersey) Law, Order and Regulations
Jersey | 08 February 2021

The Financial Services (Disclosure and Provision of Information) (Jersey) Law 2020 recently came into effect, introducing a revised statutory framework for reporting information on beneficial owners and controllers. This article provides an overview of the secondary legislation introduced under the law – namely, the Financial Services (Disclosure and Provision of Information) (Jersey) Order and the Financial Services (Disclosure and Provision of Information) (Jersey) Regulations – and the filing deadlines.