Bermuda
The case for Cayman Islands funds
An original version of this article was first published by The Alternative Investment Management Association (AIMA), November 2024
Over the past 30 years, the Cayman Islands has been the pre-eminent jurisdiction for the formation of alternative investment funds, with a strong track record of over 30,000 registered funds with the Cayman Islands Monetary Authority (approximately 13,000 regulated open-ended funds and 17,000 regulated closed-ended funds)
Bermuda
An offshore perspective: freezing injunctions in matrimonial cases
An original version of this article was first published by ThoughtLeaders4 HNW Divorce Magazine, November 2024
Divorce and financial remedy proceedings are frequently characterised by a lack of trust between parties. Warring spouses may try various tactics to put assets beyond their spouse's reach during proceedings or following judgment
Bermuda
Carey Olsen has advised retail and food and beverage operator SandpiperCI on the sale of part of its Channel Islands food retail business to Morrisons. The deal involves the sale of 37 stores and five fuel forecourts operating under the Iceland, Morrisons, Checkers Xpress, and Le Cocq's Stores brands
Bermuda
Guernsey: the choice for venture capital funds
An original version of this article was first published by IFC Review, Tuesday 20 August, 2024
With respect to venture capital (VC) funds in particular, recent research conducted by global law firm Proskauer Rose LLP has revealed that Guernsey remains the most prevalent jurisdiction for European VC funds, with twice as many funds raised in Guernsey during 2022-2023 as compared to the next most popular jurisdiction
Bermuda
Energy performance certificates: a step towards sustainability
An original version of this article was first published by Business Brief, August 2024.
As part of its Climate Change Policy and Action Plan approved in 2020, the States of Guernsey has set a target of achieving ‘net zero’ greenhouse gas emissions by 2050
Bermuda
Removal of a director on an ex parte basis: when is such relief appropriate? ???????:????????? Introduction ?? In Garofalo v Crisp [2024] EWHC 1737 (Ch), the High Court of England and Wales continued an ex parte injunction which resulted in the removal of Mr Crisp, a director on the board of various companies within the Valorem group of companies (Relevant Companies), and the appointment of new directors, thereby altering the status quo of the companies at the time, on the basis that t
Bermuda
Removal of a director on an ex parte basis: when is such relief appropriate? Introduction In Garofalo v Crisp [2024] EWHC 1737 (Ch), the High Court of England and Wales continued an ex parte injunction which resulted in the removal of Mr Crisp, a director on the board of various companies within the Valorem group of companies (Relevant Companies), and the appointment of new directors, thereby altering the status quo of the companies at the time, on the basis that there was "high degree o
Bermuda
Managing family dynamics and supporting key stakeholders in a changing world
An original version of this article was first published by IFC Review, July 2024
Family dynamics can become complicated in the blink of an eye. Add significant wealth into the mix and a myriad of issues can arise, each warranting careful monitoring
Bermuda
Bermuda, a home for innovation
An original version of this article was first published by the Bermuda Business Review 2024-2025, July 2024
If you consider Bermuda's history and its strength and experience in surviving and thriving for over 400 years it is no surprise that Bermuda is again at the forefront of innovation, only this time it is in relation to the promotion and support of digital technology development and implementation
Bermuda
The importance of estate planning for business assets in Jersey
An original version of this article was first published by the Jersey Evening Post, July 2024.
What happens to our business assets on death?
Estate planning and putting your personal affairs in order is incredibly important. For someone who owns and runs their own business, or who is part of a company or partnership, consideration should also be given to the business and its assets as these can sometimes get overlooked
Bermuda
Carey Olsen's investment funds team in Jersey has advised India-based investment firm Quantum Advisors on the launch of its Jersey fund, Q India Advantage Fund ("Q India")
Bermuda
A look at Carey Olsen and their prominent position in the offshore trusts and private client space
What was the winning formula of your firm/you that explains why you won?
Carey Olsen is at the forefront of the offshore private client space and can attribute its win to a number of factors. It is one of the largest offshore trusts and private wealth teams with a collegiate group of lawyers who collaborate on several high-value, cross border matters
Bermuda
Guernsey trusted location for pension scheme longevity swaps
An original version of this article was first published by Captive Intelligence, May 2024
Guernsey is a popular European domicile for many UK defined benefit (DB) pension scheme longevity swaps, according to Christopher Anderson, partner at law firm, Carey Olsen
Bermuda
Take Another Look: Investigation as a Standalone Basis for a Just and Equitable Winding up in the Cayman Islands
The recent Privy Council decision in FamilyMart China Holding Co. Ltd v. Ting Chuan Holding Corporation [2023] UKPC 33 addressed the interplay between the enforceability of an agreement to arbitrate and the just and equitable winding up jurisdiction in the Cayman Islands, calling for an even closer collaboration between onshore and Cayman lawyers when that issue arises
Bermuda
Cayman toolkit for foreign arbitration
PRC arbitration injunction
In Leed Education Holding Ltd and others v Minsheng Vocational Education Company Ltd (3 August 2023), the plaintiffs sought interim injunctive relief from the Cayman Islands court pursuant to section 11A of the Grand Court Act (GCA, 2015 Revision) and section 54 of the AA
Bermuda
Norwich Pharmacal Applications: Contrasting Perspectives
Norwich Pharmacal disclosure orders ("NPOs") are a powerful tool in the arsenal of any aggrieved party looking to discover information in its efforts to pursue the wrongdoers and recover their property. NPOs enable the aggrieved party to obtain information from third parties who have become mixed up in the fraud, to enable the victim to prosecute claims against the wrongdoer
Bermuda
"Lifting the veil of trust": factors undermining trust resilience
The world of wealth planning is like a vibrant tapestry, where offshore trusts are regularly woven into patterns aimed to offer prosperity and security for international families
Bermuda
Five litigation guides authored for Chambers Global Practice Guides 2024 The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs, alternative dispute resolution and (ADR) arbitration. To access our guides please click on the jurisdictions below: Bermuda British Virgin Islands Cayman Islands Guernsey View More
Bermuda
Early-stage token investments: Careful drafting needed to avoid disputes
Start-up crypto companies frequently look to raise early stage capital by offering investors the right to receive tokens that will be issued by the company in the future
Bermuda
Carey Olsen's Mahogany Bean seconded to Hong Kong dispute resolution team
Mahogany, a Bermudian, successfully completed her pupillage with Carey Olsen and was called to the Bermuda Bar in April 2022. She has developed a broad practice within the firm's dispute resolution department, taking a keen interest in government and public law work, regulatory and general civil and commercial matters
Bermuda
Bermuda Court appoints a receiver over foreign assets to aid enforcement of foreign arbitral award
The decision is notable because it considers in detail the modern state of the law regarding the Court's equitable jurisdiction to appoint receivers to collect judgment debts, confirming once again that the remedy has developed incrementally into one of the most powerful and flexible tools available to judgment creditors when faced with sophisticated judgment debtors
Bermuda
Emerging trends in offshore law in 2024
1. How do you foresee the evolving regulatory landscape in offshore jurisdictions impacting Asia-based clients in 2024, and what strategies is your firm considering to navigate these changes effectively?
Anthony McKenzie (AM): Asia is the world's largest and most populated continent, comprised of many different economies, cultures and laws
Bermuda
2024: The Offshore View
1. How do you foresee the evolving regulatory landscape in offshore jurisdictions impacting Asia-based clients in 2024, and what strategies is your firm considering to navigate these changes effectively?
Anthony McKenzie (AM): Asia is the world's largest and most populated continent, comprised of many different economies, cultures and laws
Bermuda
A comparison of Jersey foundations and trusts
Since the enactment of the Foundations (Jersey) Law 2009, legal practitioners have diligently assessed the real-world ramifications of this legislation concerning clients. This scrutiny concerns distinctions between foundations and trusts, with the aim of determining the most suitable vehicle to address each client’s unique requirements
Bermuda
The Co-op has bought four stores in Jersey (The Parade, Red Houses, Quennevais and Gorey Village), and three in Guernsey (St Sampson's, L'Aumone and Longfrie).The purchase of the stores will enable the Co-op to grow and develop its pharmacy business, whilst providing Co-op customers across the Channel Islands with greater access to its community pharmacy services
