Daniel Walker
Interpretation of “liquidated sum” in relation to a creditor’s winding up under the Companies (Jersey) Law 1991
Prior to 1st March 2022, the main recourse in Jersey for the creditor of an insolvent Jersey company was to seek a declaration en désastre. However, although a company may still be declared en désastre, the Companies (Jersey) Law 1991 (the “Law”) was amended to create another option by permitting a creditor to issue an…
Corporate Law in Channel IslandsDaniel Walker
bronze Daniel is a bronze memberPartner at Voisin Law
Stuck between a rock and a hard place: the finer points of implied contractual terms and dol under Jersey contract law
Introduction Last year the Royal Court heard the case of Hard Rock Limited and Anor v HRCKY Limited [2023] JRC169. The case stemmed from a dispute regarding a franchise agreement (the “Franchise Agreement”) granted by the respondent Hard Rock Limited (“HRL”) to the appellant HRCKY Limited (“HRCKY”) which allowed HRCKY to run a Hard Rock…
- Corporate Law in Channel Islands
Daniel Walker
bronze Daniel is a bronze memberPartner at Voisin Law
Indemnification of Trustees – helpful clarification
The case of Representation of White Willow (Trustees) Limited [2022] JRC120 provides helpful clarification as to the trustee’s right to reasonable security in the form of an indemnity when making an interim distribution to beneficiaries. This case was another instalment in long running litigation concerning the Foundation, but, in summary, White Willow (Trustees) Limited (the…
- Corporate Law in Channel Islands
Daniel Walker
bronze Daniel is a bronze memberPartner at Voisin Law
The Comparative Flexibility of Jersey Companies when Contrasted with UK Companies.
Jersey companies UK companies Thoughts Migration In Jersey, it is permissible for existing companies to migrate into the island i.e. to continue as a validly incorporated company, provided that the laws of the country in which that company is currently incorporated permit continuance and the requirements of both jurisdictions are met. For example, the requirements…
- Corporate Law in Channel Islands
Daniel Walker
bronze Daniel is a bronze memberPartner at Voisin Law
Protector’s powers: What is the Protector’s role?
What is a Protector? Protectors are a common feature of discretionary trusts settled under Jersey law, however, until recently there was very limited local jurisprudence addressing the nature and performance of their powers and duties. Interestingly, there is no statutory definition of the word ‘Protector’ under the laws of Jersey, with the same position sometimes…
- Corporate Law in Channel Islands
Daniel Walker
bronze Daniel is a bronze memberPartner at Voisin Law