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Schemes of Arrangement under Guernsey Company Law – a vastly flexible mechanism

Schemes of arrangement are a vastly flexible mechanism to implement take private transactions and other restructuring in respect of Guernsey companies. Schemes are, in effect, a legally enforceable arrangement or...more

Case insight: Recoverability of English lawyers' costs in hostile Guernsey proceedings

BX v T Limited and AX and JX and CX and OX and PX and QX [2024]GRC066 (27 September 2024) - In a recent supplementary judgment on costs, Lieutenant Bailiff of the Royal Court of Guernsey, Hazel Marshall KC (the "Judge"),...more

Appointment of receivers over English property held by Jersey, Guernsey and British Virgin Islands entities

We are seeing an increasing number of enquiries from lenders and their advisors in respect of the practicalities of enforcement by receivers of English security granted by overseas entities. Real estate property transactions...more

Guernsey Guide: legal, regulatory, transparency and supervisory framework

This briefing explains Guernsey’s adoption of rigorous international tax and regulatory standards, which, in conjunction with its local tax law, make it an ideal location for investment funds and other investment vehicles....more

Enforcement of arbitral awards: Bermuda, BVI, Cayman Islands, Guernsey, Irish and Jersey law

As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The...more

Application for leave to appeal granted to GFSC

In our recent article (available here) we considered the findings of LB Marshall KC in Domaille, Clarke & Hannis (together the "Respondents") and the Guernsey Financial Services Commission (the "Royal Court Judgment"). In the...more

Probity, sanctions and conduct – review of a challenge to GFSC enforcement powers

The recent decision of the Royal Court of Guernsey (the "Royal Court") in Domaille, Clarke and Hannis v Guernsey Financial Services Commission (available here) involved an appeal against sanctions imposed by the Guernsey...more

Guernsey's civil forfeiture regime – the 2022 update and recent case law

In 2016 Moneyval issued an evaluation report on the Bailiwick of Guernsey. This commented favourably upon the Island's regulatory framework and compliance regime, but also noted the "relatively limited number of cases...more

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