Trusts: The importance of judicial discretion

Harcus Sinclair | Trusts and Estates Law & Tax Journal | March 2015 #164
The Guernsey Court of Appeal affirms the scope of the jurisdiction conferred by Article 51 of the Trusts (Guernsey) Law 2007. Hannah Southon and Alison Meek explain ‘While some of the considerations discussed in BCD may be relevant, a more flexible test is required in order for the court to achieve justice on behalf of …

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Company: Share and share alike?

Penningtons Manches Cooper LLP | The Commercial Litigation Journal | January/February 2013 #47
Alex Fox and Clare Arthurs explore the court’s approach to unfair prejudice claims It is not enough to establish prejudicial conduct; the conduct must also be ‘unfairly’ prejudicial. The court’s power to provide remedies for shareholders in respect of the way in which a company’s affairs are conducted stems entirely from statute, residing now in …

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