Private Client & Offshore Services

17 June 2021

Court of Appeal finds that Norwich Pharmacal relief is available in aid of foreign proceedings

The Court of Appeal has found that the Cayman courts have jurisdiction to grant a Norwich Pharmacal order in support of potential proceedings before a foreign court, even where alternative statutory remedies may be available. The decision confirms a departure in Cayman law from the law in England and Wales, which is perhaps surprising in circumstances where the Norwich Pharmacal jurisdiction itself derives from a decision of the UK House of Lords.

William Jones Authors: William Jones | Nour Khaleq

Cayman Islands | Ogier

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Snapshot: enforcement against real property – saisie

'Saisie' (ie, to seize) is a court-driven Guernsey customary law process governed by the Saisie Procedure (Simplification) (Bailiwick) Order 1952. It is a three-stage post-judgment process which enables creditors to enforce their rights against debtors' realty in Guernsey. The effect of saisie is to vest all of the debtor's realty in Guernsey in the name of the creditor. The entire proceedings can take six to 12 months and place certain burdens on the creditor who initiates them.

Sandie Lyne Authors: Sandie Lyne | Chloe Gill

Guernsey | Ogier

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Economic substance requirements for Jersey partnerships

The Taxation (Partnerships - Economic Substance) (Jersey) Law 202- was recently lodged with the States Assembly and, if passed, is expected to come into effect from 1 July 2021 (with a six-month transition period for partnerships established before 1 July 2021). The existing economic substance legislation applies to companies which are tax resident in Jersey. The extension of the rules to partnerships is part of Jersey's ongoing political commitment to the EU Code of Conduct Group.

Emily Haithwaite Authors: Emily Haithwaite | Niamh Lalor | Matthew Shaxson

Jersey | Ogier

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Government announces that no-fault divorce will become law in 2022

After a long journey, and much campaigning over the years, it seems like the wait for no-fault divorces will finally be over on 6 April 2022. The government had originally planned for the Divorce, Dissolution and Separation Act to be implemented in Autumn 2021. While the delay is disappointing, particularly for separating couples that are waiting for the no-fault regime to come into play in order to avoid an acrimonious process, the clarity that a set date provides is welcome.

Matthew Brunsdon Tully Authors: Matthew Brunsdon Tully | Timothy Evans

United Kingdom | Forsters LLP

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Recent updates

I don't need a will – do I?

Victoria Grogan Author: Victoria Grogan

Jersey | Ogier

Snapshot: appealing civil judgments

Bryan De Verneuil-Smith Authors: Bryan De Verneuil-Smith | Conor Morrissey

Guernsey | Ogier

Grand Court strikes out creditor's winding-up petition and comments on relationship with arbitration clauses

Michael Snape Authors: Michael Snape | Nicholas Tam | Christopher Levers | Nour Khaleq

Cayman Islands | Ogier

Revised inheritance law allows for greater flexibility

Werner Jahnel Authors: Werner Jahnel | Larissa Jauch

Switzerland | LALIVE

Public Procurement Act 2021: obtaining government contracts

Al-Leecia Delancy Author: Al-Leecia Delancy

Bahamas | Lennox Paton

Gaming industry – public policy for a fresh era

Pedro Cortés Author: Pedro Cortés

Macau | Rato, Ling, Lei & Cortés Advogados

Introduction to philanthropy – from vision to reality

Neasa Coen Author: Neasa Coen

United Kingdom | Forsters LLP

Promoter reclassification and family feuds: area of concern

Sourav Kanti De Biswas Authors: Sourav Kanti De Biswas | Gurkaran Arora | Ashlesha Mittal

India | Cyril Amarchand Mangaldas