Searching Content from Jersey indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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Third Circuit Holds That SLUSA Does Not Preclude Class Action Opt-Outs From Pursuing Individual Actions
In North Sound Capital, LLC v. Merck & Co, Inc., No. 18-2317, 2019 WL 4309663, 2019 U.S. App. LEXIS 27518 (3d Cir. Sept. 12, 2019), the United States Court of Appeals for the Third Circuit ...
14 Oct 2019
The Right Of Privilege Against Self-Incrimination: Volaw v Comptroller Of Taxes
A recent Privy Council decision relating to long-running Jersey proceedings (Volaw –v- Comptroller of Taxes [2019] UKPC 29) provides clarification on the extent to which a party to an action may resist disclosure notices...
23 Aug 2019
In Your Court: Offshore Dispute Resolution Review - July 2019
The recent INSOL Channel Islands seminar last month saw a record turn-out of over 150 restructuring and insolvency practitioners to discuss major topics impacting our industry...
13 Aug 2019
A Subjective Question: What To Do About The Jersey Law Of Contract?
A recent plea by the Jersey Court of Appeal for greater certainty in the Jersey law of contract has highlighted differences of opinion amongst the judiciary and the need for a way forward.
13 Aug 2019
New Judgment Clarifies Use Of Tech In E-Discovery Exercises In Jersey
For more than two years, parties to litigation in Jersey have been required to make "appropriate use of technology" to minimise the costs of e-discovery – now, for the first time since the introduction of a Royal Court...
8 Aug 2019
Jersey's Royal Court Rules On The Extent Of Its Powers To Restrict A Party That Withdraws Trust Proceedings From Starting Afresh
Jersey's Royal Court has recently ruled on the extent of its powers to restrict a party that withdraws proceedings from starting afresh in a judgment that considers for the first time the implications of a 2014...
23 Jul 2019
NJ Supreme Court Signals Potential Sea Change On Scope Of Damages In Auto Accident Cases
New Jersey's "No-Fault" automobile insurance scheme has been the subject of repeated reforms over the past 40 years. On March 26, 2019, the New Jersey Supreme Court
3 May 2019
Dispute Resolution Lawyers Stress Importance Of Board Minutes In Regulatory Investigations
Today Guernsey dispute resolution specialists Michael Rogers and Sandie Lyne presented to the NED forum on the topic of regulatory investigations.
3 May 2019
Clarification Of The Rule Against Reflective Loss In The English Court Of Appeal: Garcia v Marex Financial Ltd
The English Court of Appeal has clarified in Garcia v Marex Financial Ltd ("Marex") [2018] EWCA Civ 1468 that the rule against reflective loss does apply to claims by unsecured creditors
17 Apr 2019
Did New Jersey Just Try To Ban Employment Arbitration Agreements?
On March 18, 2018, the New Jersey Law Against Discrimination (NJLAD) was amended to prohibit prospective waivers of substantive and procedural rights or remedies relating to a claim of discrimination,
10 Apr 2019
Onward For The Ombudsman
The Royal Court has recently handed down its judgment in the first judicial review of a decision of the Channel Islands Financial Ombudsman ("CIFO") Future Finance Limited v Channel Islands
5 Apr 2019
In Your Court: Offshore Dispute Resolution Review - March 2019
The Ogier team continues to be at the forefront of industry developments.
3 Apr 2019
New Jersey Bars Common Workplace Contract And Settlement Terms
Employers in New Jersey will need to immediately adjust their employment contracts and settlement agreements to come into compliance with a sweeping new law that just took effect
2 Apr 2019
Disclosure In Jersey: What, When And From Whom? (Part 2)
This is the second of two articles on disclosure in civil proceedings in Jersey. The first can be found here.
14 Mar 2019
New Jersey May Enact New Restrictions On Confidentiality Provisions In Agreements With Employees In Wake Of #MeToo Movement
On January 31, 2019, the New Jersey Legislature passed Senate Bill 121, which places significant restrictions on the ability of employers to keep confidential details of claims of discrimination,
6 Mar 2019
Further Developments In Legal Privilege: Lessons For Jersey
Following the landmark English judgment in SFO v. ENRC [2018] EWCA Civ 2006 (as reported in our previous briefing), there have been two further significant judgments on litigation privilege.
26 Feb 2019
Freezing Orders: Another Cautionary Tale
An ex parte application places a weighty burden upon the court hearing it. This is why the applicant has a duty to make full and frank disclosure of material which both assists and/or hinders their case.
22 Feb 2019
Senior Advocate Damian Evans Joins Ogier's Dispute Resolution Team
Legal 500 ranks Damian as a Leading Individual, describing him as ‘extremely intelligent, brilliant in court, unfailingly practical and results-driven'.
7 Feb 2019
Jersey Court Of Appeal Clarifies What's Needed For Rectification Of A Trust
In December 2018 the Jersey Court of Appeal issued a judgment which has clarified the test for rectification of a trust, with some corresponding criticism of the rationale in the Royal Court's original decision...
30 Jan 2019
Court Of Appeal Puts The Record Straight: A New Test For Rectification Of Trusts In Jersey
In B and C v Virtue Trustees (Switzerland) AG and Ors re The C Trust [2018]JCA219 the Court of Appeal considered the rectification of the terms of a Jersey law declaration of trust
23 Jan 2019
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