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05 August 2022 / Karen Stachura
Issue: 7990 / Categories: Features , International
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Off-shore focus: The Channel Islands (Pt 3)

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In the last of a three-part series by Collas Crill on Jersey and Guernsey law, Karen Stachura explores restructuring procedures in Jersey and Guernsey
  • Outlines corporate rescue and restructuring procedures in Jersey and Guernsey.

Jersey

Jersey does not have a corporate rescue process allowing a company to be restructured and trade out of financial difficulty, unlike other jurisdictions such as the UK administration.

The main options for a financially distressed Jersey company are largely found under the Companies (Jersey) Law 1991 (the CJL). These provisions are based on the UK’s Companies Act 1985 (the UK Act) and the Royal Court of Jersey (RCJ) has followed guidance from the English courts in relation to the UK Act when considering similar provisions under the CJL.

Scheme of arrangement

Part 18A of the CJL provides that a Jersey company can enter into a scheme of arrangement (SOA) with its creditors or shareholders. An SOA enables a Jersey company to reach a formal compromise or arrangement with its creditors or members

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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