Mr Leon Hurd

Leon Hurd

Updates

Company & Commercial

Court rules on limitation period for breach of directors' duties
Jersey | August 13 2018

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.

Insolvency & Restructuring

Cross-border insolvency and restructuring
Jersey | August 03 2018

As a jurisdiction, Jersey is at the heart of cross-border insolvency and restructuring. Inevitably, situations arise where insolvent companies' assets or important evidence are located overseas, or an overseas liquidation regime would be best for creditors. Conversely, there will be situations where a foreign insolvency process requires steps to be taken in Jersey.

Litigation

Important changes to civil procedure
Jersey | August 14 2018

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.

Private Client & Offshore Services

Important changes to civil procedure
Jersey | August 09 2018

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.

Court rules on limitation period for breach of directors' duties
Jersey | August 09 2018

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.

Reform of civil forfeiture orders
Jersey | August 02 2018

MONEYVAL's 2015 inspection of Jersey's anti-money laundering regime and its subsequent report issued in May 2016 encouraged Jersey legislators and regulators to actively prosecute more financial crime and, in particular, introduce a non-conviction-based confiscation regime to apply in parallel with the conviction-based system. The Draft Forfeiture of Assets (Civil Proceedings) Jersey Law is a paradigm shift in regulatory approach to achieve the objectives set by MONEYVAL.

Cross-border insolvency and restructuring
Jersey | August 02 2018

As a jurisdiction, Jersey is at the heart of cross-border insolvency and restructuring. Inevitably, situations arise where insolvent companies' assets or important evidence are located overseas, or an overseas liquidation regime would be best for creditors. Conversely, there will be situations where a foreign insolvency process requires steps to be taken in Jersey.

What the first Jersey insolvency case of its kind in 40 years means for 'back door' to English administration
Jersey | April 06 2017

A trilogy of recent decisions concerning the high-profile insolvency of a Jersey company has provided a salutary reminder to the international insolvency community and to creditors of Jersey companies that Jersey has a sophisticated insolvency regime which will be used in cross-border insolvencies. These decisions demonstrate that it cannot be assumed that the door to UK administration is always going to be open.

Court sets aside subsequent transfers due to mistake
Jersey | November 10 2016

The Royal Court recently applied Jersey's statutory mistake provisions for the first time in order to set aside transfers of shares to Jersey trusts, which had been made a number of years after the trusts were established and in circumstances where the mistake gave rise to contingent, rather than crystallised, tax liability. The court also clarified that, notwithstanding the fact that foreign law governed the transfers, the question of their validity had to be determined under Jersey law.

Costs in trust proceedings – further Royal Court guidance where fiduciary powers not validly exercised
Jersey | March 24 2016

The Royal Court recently issued a judgment on the costs of proceedings, in which it reviewed and applied the key principles concerning the recoverability of costs by fiduciaries and beneficiaries in cases of this kind. The judgment shows the court's willingness to look at the substance of matters when assessing cost consequences, rather than slavishly seeking to apply categorisations or hard rules.

Review of 2014 amendments to substantive offences under Proceeds of Crime Law
Jersey | May 21 2015

The reform of Jersey's anti-money laundering (AML) practices and laws has been high on the legislative agenda, particularly after Jersey became a member of the Committee of Experts on the Evaluation of Anti-money Laundering Measures and the Financing of Terrorism (Moneyval). As such, the Jersey Financial Services Commission has introduced new laws in order to strengthen the AML framework and ensure that it is in line with the Moneyval recommendations.

White Collar Crime

Reform of civil forfeiture orders
Jersey | August 06 2018

MONEYVAL's 2015 inspection of Jersey's anti-money laundering regime and its subsequent report issued in May 2016 encouraged Jersey legislators and regulators to actively prosecute more financial crime and, in particular, introduce a non-conviction-based confiscation regime to apply in parallel with the conviction-based system. The Draft Forfeiture of Assets (Civil Proceedings) Jersey Law is a paradigm shift in regulatory approach to achieve the objectives set by MONEYVAL.

Review of 2014 amendments to substantive offences under Proceeds of Crime Law
Jersey | May 25 2015

The reform of Jersey's anti-money laundering (AML) practices and laws has been high on the legislative agenda, particularly after Jersey became a member of the Committee of Experts on the Evaluation of Anti-money Laundering Measures and the Financing of Terrorism (Moneyval). As such, the Jersey Financial Services Commission has introduced new laws in order to strengthen the AML framework and ensure that it is in line with the Moneyval recommendations.