In a recent Jersey appeal case the Court was of the view that the investment profession might well benefit from further guidance from the JFSC on “Commissions”[or Receiving prohibited third-party payments] The court did however, and for the avoidance of doubt, makes it clear that if an investment adviser were to receive a fee for […]

The Jersey Royal Court has dismissed the attempt by a Jersey-based mortgage broker to overturn a binding decision of the Channel Islands Financial Ombudsman (CIFO). In the only Judicial Review of CIFO since it began operations in November of 2015, the Jersey Royal Court found that the Ombudsman’s decision was sound in terms of both […]

Jersey’s Royal Court provides guidance to trustees faced with requests for disclosure from a beneficiary The Royal Court of Jersey, in the recently handed down judgment in M v W Limited & Ors: [2017]JRC168A, has provided useful guidance for trustees in circumstances, outside the context of discovery in adversarial litigation, where a beneficiary of a […]

In Al Tamimi v Al Charmaa(1) the Jersey Royal Court clarified that any arrangement which detracts from the ability of regulators or law enforcement authorities to identify beneficial owners of companies or beneficiaries of trusts will not be recognised on grounds of public policy. Facts The parties to the case were a divorced couple who had been […]

In the Representation of the Jasmine Trustees Limited [2015] JRC 196 the Royal Court had to consider whether or not new trustees and protectors had been validly appointed to two trusts; the P Trust and the R Trust. In doing so the Court gave guidance on how fiduciary powers should be exercised. The two trusts […]

In the matter of the Representation of IFM Corporate Trustees Limited v Helliwell and Mountain[2015] JRC160 the Royal Court of Jersey was asked to exercise its discretion to make an order for rectification.  It warned that if a trust constitutes a scheme that is technically lawful but is so contrived and artificial that it would […]

Introduction In the first prosecution of its kind in Jersey, the Royal Court has acquitted Michelle Jardine (represented by Advocate Nuno Santos-Costa) and STM Fiduciaire Limited (“STM”) (represented by Advocate David Steenson) of charges under the Proceeds of Crime (Jersey) Law 1999 (POCA). Lasting for four days, the result of this trial should give a […]