There is little doubt that AI will have a number of important effects on society generally, and on legal interactions in particular. In this article, we discuss a few of these effects and consider where the legal liability (i.e. the obligation to pay damages or suffer some other penalty) may...
Senior Associate, Dispute Resolution
In this short article, a recent important decision will be discussed in which the Privy Council has declared that the “shareholder rule” in company law is no longer regarded as good law as it is inconsistent with basic company law principles, such as the separate corporate personality of a company....
Senior Associate, Dispute Resolution
To purchase a property in Guernsey (“Realty”), you need to instruct an Advocate (who will pass you to their Conveyancer) to carry out certain checks. Norman French Law remains prominent for the ownership of Realty, and older documents that form part of the title to the Realty are still in...
Conveyancer
Paralegal, Conveyancing
A personal injury claim is the process where an injured individual seeks compensation for any injuries, losses or damages caused by another party. In order to be successful you have to be able to prove that the party you are holding responsible was negligent, in other words at fault at...
Senior Associate
The problem: a multiplicity of legal proceedings in different jurisdictions In offshore commercial litigation, a dispute often involves parties and entities from several jurisdictions (both offshore and onshore) and in this context, the use of litigation in one jurisdiction may be a tactic to undermine, exhaust or otherwise place pressure...
Senior Associate, Dispute Resolution
Beware – obtaining a costs order for a successful costs party doesn’t necessarily mean you will be reimbursed the full amount expended on costs. Types of Costs Awarded The Guernsey Royal Court can award costs on two bases: recoverable and indemnity costs. The first type of costs order is one...
Partner and Advocate
Paralegal
As a consequence of Guernsey’s legal system and separate jurisdiction, judgments obtained elsewhere are not enforceable in Guernsey as of right. Only judgments of the Royal Court of Guernsey are enforceable without any further process required, and all other judgments (referred to as “foreign judgments”) must be enforced in the...
Senior Associate, Dispute Resolution
Partner and Advocate
Law firms and others will have taken notice of one of the largest UK law firms, Herbert Smith Freehills (HSF), having a substantial fine of almost £500 000 levied on it by the UK Office of Financial Sanctions Implementation (OFSI) pursuant to the UK Russian sanctions regime. This is the...
Senior Associate, Dispute Resolution
The inheritance laws in Guernsey changed in 2008 and again in 2012. In the case of any person who has died after 1st June 2008 without leaving a Will of Real Estate (for house and land) the deceased persons’ Real Estate continues to pass automatically to their heirs but their heirs cannot normally sell the property...
Conveyancer
Partner, Advocate & Notary Public
Defamation has become increasingly prevalent in this era of social media where all it takes to post an ill-considered message in the heat of the moment to a worldwide audience is a few taps of our fingertips on a handy mobile telephone screen. But what is defamation? It is a...
Paralegal
Advocate
New round of UK anti-Russian sanctions to be implemented in Guernsey: changes for trustees and directors As the war in Ukraine has reached its third anniversary, the United Kingdom has passed a new batch of Russian sanctions (see https://www.legislation.gov.uk/uksi/2024/1157/made) which are at further impeding the Russian state’s ability to wage...
Senior Associate, Dispute Resolution
