A LOOPHOLE in Jersey law seems likely to mean that the Island’s financial services providers have less protection against arrest and removal to face criminal charges in the United Kingdom than almost anyone else on the planet. Matthew Jowitt explains why

Jersey’s long –running bid to recover Nigerian government corruption money from Island financial institutions received a boost last week when a Court of Appeal judge refused leave to the corporate holder of stolen money to pursue an appeal against a civil freezing order to the Privy Council in London.

Nichola Higgins

Nichola Higgins of Matrix has an in depth knowledge and experience of corporate crime and regulation, which comes from having defended, investigated and prosecuted some of the most complex and challenging allegations of corruption and fraud, both domestic and overseas, in recent years.

Insights you can trust

What makes us different? We believe our approach adds a fresh perspective to the legal landscape.

Sanctions are measures adopted against a country or regime believed to be violating international law. Any entity (a) located in Jersey (b) operating in or from within Jersey or (c) incorporated or constituted under Jersey law, is required to ensure that when conducting its business sanctions measures are complied with.

HM Treasury in the UK has issued revised sanctions guidance in the last month. The guidance takes the format of frequently asked questions (FAQs) and aims to give more of a steer to those trying to navigate the sanctions minefield.

The confiscation order reflects Mr Warren’s prolific worldwide commercial trade in drugs over a twenty year period. Mr Sharp QC had conduct of the prosecution in this case.

Sanctions: Iranian Banking Update

16 January 2016 heralded the termination of a large number of EU nuclear related financial and economic sanctions for Iran. Throughout the financial services world, this meant that the requirement to seek prior authorisation for, or give notification of, transfers of Iranian funds was removed.

A £100 million claim against the Minister for Treasury and Resources struck out by the Jersey Court of Appeal.

The modern approach to contract disputes

The review looks at the 2015 cases of Marks and Spencer v BNP Paribas (Jersey) and Arnold v Britton. Many of these principles have been adopted by the Jersey Court of Appeal and are therefore relevant to future contract disputes in the Island.

On 27th November 2015, the Royal Court of Jersey upheld a decision of the Comptroller of Income Tax to provide evidence pursuant to a Tax Information Exchange Agreement.

Sanctions: The Iranian Update

In recent years the most stringent sanctions measures put in place have been those applied to Iran. Iranian sanctions have had far reaching consequences, especially in the oil, gas and shipping industries.

A compromise agreement (or settlement/severance agreement) is a legally binding contract between an employer and a departing employee. The contract brings to an end the employment relationship and usually provides for a severance payment to be made to the employee.

New procedures for the Jersey Employment and Discrimination Tribunal (JEDT) will come into force on 1 April 2016. The Employment and Discrimination Tribunal (Procedure) Order 2016 usefully sets out in one place the Tribunal’s process from start to finish.

A business-like approach to transgender rights

With gender reassignment a protected characteristic, how can employers ensure the rights of the individual are respected when it comes to transgender employees?

Advocate Michael O'Connell

Michael O’Connell is a commercial litigator with a wide range of experience, including, trust, contractual and commercial disputes including professional negligence. Michael has appeared in countless trials, both civil and criminal. For twenty years he was a Crown Advocate appointed to prosecute criminal matters on behalf of the Attorney-General.

Public Law

We have conducted a wide range of commercial judicial reviews, both acting for and against local bodies and departments. Find out more.

Employment and Business Law

We assist employers and employees in all aspects of employment matters. Get Accessible legal advice in tune with your business.

Crime

Our Advocates provide advice and representation to those defending and bringing criminal charges across the spectrum of criminal offences. Find out more.

Civil/Commercial Litigation

Find out why Ardent Chambers is at the forefront of advising on and successfully litigating civil and commercial disputes in Jersey.

Advocate Caroline Dutot

Caroline has a wealth of cross-sector experience and a wide range of skills garnered throughout her career, having qualified as a Jersey Advocate in 2009.

Howard Sharp QC

Howard Sharp QC was Her Majesty’s Solicitor General for Jersey from 8th March 2010 until 1st July 2015. Find out more and find contact details.

Tax Information Exchange

Our experience extends to representation of parties before the Jersey Court of Appeal & Privy Council in seminal cases concerning Jerseys TIEA legislation

Learn why we've been at Chatham House in London, the World Bank in Washington and the United Nations in Vienna on the issue of cross-border asset recovery.

Regulation

Find out why Ardent Chambers are regularly called on to advise both financial services providers and individuals on matters of regulation.