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    Ariel v Halabi and HMRC: Jersey Court of Appeal considers comity in cross border insolvency cases
    2018-08-01

    The Court of Appeal of Jersey has now considered in an appeal against the Royal Court’s decision of 10 January 2018 the case of a UK trustee in bankruptcy (the “Trustee”), whose appointment had been recognised in Jersey by order of the Court and who had been authorised to obtain documents and/or information for particular purposes, who was later subject to coercive measures in his home jurisdiction requiring the disclosure of such material for different, unauthorised purposes (in this case an Information Notice issued by HMRC pursuant to Schedule 36 of the UK Finance Act 2008 (the “

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Carey Olsen, HM Revenue and Customs (UK)
    Authors:
    Andreas Kistler , Oliver Lindop
    Location:
    Jersey, United Kingdom
    Firm:
    Carey Olsen
    Cross-border insolvency and restructuring
    2018-08-02

    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.

    Overseas assistance

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, White Collar Crime, Ogier
    Authors:
    Nicola Roberts
    Location:
    Jersey
    Firm:
    Ogier
    Cross-border insolvency and restructuring
    2018-08-03

    Overseas assistance
    Representation of the Viscount
    Comment

    Filed under:
    Jersey, Insolvency & Restructuring, Ogier
    Authors:
    Nicola Roberts
    Location:
    Jersey
    Firm:
    Ogier
    Freezing orders in Jersey in post-judgment proceedings
    2015-11-30

    In a recent unreported decision, ENRC NV v. Zamin Ferrous Limited (2015) JRC 217, the Jersey Royal Court demonstrated its consent to ensuring that judgment creditors can enforce their judgments worldwide. In this case, the judgment creditor applied for an ex-parte order to freeze assets and to compel the judgment debtor to answer questions about its assets and assets held by its subsidiaries. The answers revealed two agreements had been entered into pursuant to which certain assets held by subsidiaries had been transferred to third parties.

    Filed under:
    Jersey, Banking, Insolvency & Restructuring, Litigation, Horwood Marcus & Berk
    Authors:
    Eric (Rick) S. Rein
    Location:
    Jersey
    Firm:
    Horwood Marcus & Berk
    COMI and improper motive
    2017-03-01

    Key Points

    • COMI of Jersey companies held to be in England and Wales 
    • Argument of improper motive generally insignificant where purpose of administration can be achieved

    The Facts

    Filed under:
    Jersey, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Amy Patterson
    Location:
    Jersey, United Kingdom
    Firm:
    Taylor Wessing
    What the first Jersey insolvency case of its kind in 40 years means for 'back door' to English administration
    2017-04-06

    In a recent trilogy of decisions concerning the high-profile insolvency of Jersey company Orb arl and its sole shareholder Gail Cochrane, the Royal Court of Jersey provided a clear endorsement of the capability of the Jersey insolvency regime to deal with complex cross-border insolvency matters. This update considers some of the salient points from the saga so far.

    Overview

    The three Royal Court decisions are as follows:

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, White Collar Crime, Ogier, Serious Fraud Office (UK), Insolvency Act 1986 (UK)
    Authors:
    Nick Williams
    Location:
    Jersey, United Kingdom
    Firm:
    Ogier
    In re Arck Estrela Limited untangling a fraudster's web of trust and corporate structures
    2017-04-06

    In this case, the firm was instructed by the English liquidators of Arck LLP (in liquidation) to assist in the recovery of assets misappropriated from a large number of British investors and channelled through Jersey corporate and trust structures as part of a fraudulent collective investment scheme.

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, White Collar Crime, Carey Olsen, Limited liability partnership, Liquidation, Investment funds, Financial Conduct Authority (UK), Serious Fraud Office (UK)
    Authors:
    Richard Brown
    Location:
    Jersey, United Kingdom
    Firm:
    Carey Olsen
    Re. Arck Estrella Limited, Representation of Rendle and Butcher [2017]JRC004 and [2017]JRC042
    2017-04-26

    English Liquidators of a fraudulent investment company were able to navigate a complex web of defunct companies and trusts to realise assets in a Jersey company.

    The partners of Arck LLP (in Liquidation), registered in England ("Arck"), an investment firm, were convicted of fraud and forgery. Richard Clay, thought to be the driving force of the scandal, is now serving a 10 years 10 months prison sentence and his deputy Kathryn Clark received a two year suspended sentence.

    Filed under:
    Jersey, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Ashfords LLP
    Authors:
    Alan Bennett , Sarah Shrimpton
    Location:
    Jersey, United Kingdom
    Firm:
    Ashfords LLP
    In the matter of the désastres of Gail Alison Cochrane and Orb a.r.l.
    2017-04-26
    1. Harbour Fund II LP v. (1) Orb a.r.l. (2) Litigation Capital Funding [2017]JRC171 ("the September judgment")
    2. Harbour Fund II LP v. (1) Orb a.r.l. (2) Dr Gail Cochrane [2017]JRC007 ("the January judgment")
    3. Representation of the Viscount re Cochrane and Orb a.r.l. [2017]JRC025 ("the February judgment")

    The high profile cross border insolvency of Orb a.r.l. ("Orb") has been the subject of three linked judgments from the Royal Court in Jersey.

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Courts of Jersey
    Authors:
    Alan Bennett
    Location:
    Jersey, United Kingdom
    Firm:
    Ashfords LLP
    Practice and trends in restructuring and insolvency law
    2017-05-25

    Introduction

    Filed under:
    Jersey, Insolvency & Restructuring, Ogier
    Location:
    Jersey
    Firm:
    Ogier

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