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Private Client & Offshore Services

09 August 2018
Sophia Rolle-Kapousouzoglou Supreme Court evaluates scope of trustees' protection in contentious trust litigation

Bahamas - Lennox Paton

The Supreme Court recently assessed the protection afforded to trustees by virtue of Section 83 of the Trustee Act 1998, which provides that a trustee cannot be bound or compelled by way of discovery to disclose information and documents about a trust. In Dawson-Damer, a trustee had used Section 83(8) as a basis to refuse a disclosure request. The applicant's case was built primarily on the allegation of a breach of duty (ie, the trustee had failed to consider the applicant's needs).

Author: Sophia Rolle-Kapousouzoglou
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Ian Mann Court of Appeal reaffirms that it will rarely reverse findings of fact

British Virgin Islands - Harney Westwood & Riegels

The BVI Court of Appeal recently dismissed an appeal against the liquidators of BVI company Pioneer Freight Futures Company Limited and reaffirmed the established law regarding reversing findings of fact. The court held that it will intervene only in rare cases, such as when there is no evidence to support the conclusion, the conclusion was based on a misunderstanding of the evidence or the conclusion was one that no reasonable judge could have reached.

Authors: Ian Mann, Charles Wong, Jonathan Addo
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Nicola Roberts Important changes to civil procedure

Jersey - Ogier

In Summer 2017 Jersey's Royal Court Rules were amended and 11 new practice directions came into force. These aim to improve access to justice, streamline the civil justice process and, where possible, reduce the risks and costs associated with litigation by encouraging the early resolution of cases to avoid court proceedings.

Authors: Nicola Roberts, Leon Hurd
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Nicola Roberts Court rules on limitation period for breach of directors' duties

Jersey - Ogier

The Jersey limitation period for claims against directors for breach of duty under Article 74 of the Companies (Jersey) Law 1991 has not been definitively decided by the Jersey Royal Court. However, the UK High Court recently found that the prescription period for claims against directors of Jersey companies for breach of their duties under Article 74 was 10 years. While this decision is not binding on the Jersey courts, it is likely to carry considerable weight.

Authors: Nicola Roberts, Leon Hurd
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Recent updates

Vicky Lord Trusts and disclosure: a recent lesson

British Virgin Islands - Harney Westwood & Riegels

Authors: Vicky Lord, Jonathan Addo
Nicola Roberts Reform of civil forfeiture orders

Jersey - Ogier

Authors: Nicola Roberts, Leon Hurd
William Peake AHAB v Saad – importance of a particularised and principled tracing claim

Cayman Islands - Harney Westwood & Riegels LLP

Authors: William Peake, Gráinne King, James Elliott

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