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Off-shore focus: Fraud in the Channel Islands (Pt 2)

08 July 2022 / James Tee
Issue: 7986 / Categories: Features , Insolvency , International
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In the second of a three-part series by Collas Crill on Jersey and Guernsey law, James Tee explores options available to victims of fraud in an insolvency context
  • Covers legal remedies against civil fraud in an insolvency context, in Jersey and Guernsey.

Jersey

As a leading international finance centre, Jersey has sophisticated and robust measures to prevent, identify and remedy fraud. The Jersey Court has consistently and repeatedly sent a clear message that it will actively assist victims of fraud.

This short article focuses on civil fraud in an insolvency context but, in general terms, the weapons against fraud that are available in the major onshore jurisdictions will also be available in Jersey, although perhaps with a different (and often French) name.

The starting point is that no substantive cause of action is required to apply for orders which concern the identification and preservation of assets that are the subject of a fraud. This ‘free standing’ relief in support of foreign proceedings, coupled with the

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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