Litigating Trust Disputes in Jersey

Jersey as a jurisdiction in which to litigate trust disputes -- Conflict of law issues in Jersey trust litigation -- Applications for directions, the variation of trusts -- Litigation concerning the existence of the trust, the rectification ...

Litigating Trust Disputes in Jersey


Litigating Trust Disputes in Jersey

This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal ...

Litigating Trust Disputes in Jersey

This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal Court of Jersey. The book is an indispensable tool for trust professionals and legal practitioners with clients that have an exposure to a trust structure in Jersey, whether through a trustee, a beneficiary or a protector, enforcer or other power holder. This book is also of importance to matrimonial, criminal or insolvency practitioners seeking information or documents for the purposes of foreign proceedings and those seeking asset recovery or enforcement against assets subject to Jersey trusts.

Litigating Trust Disputes in Jersey

This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal ...

Litigating Trust Disputes in Jersey

This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal Court of Jersey. The book is an indispensable tool for trust professionals and legal practitioners with clients that have an exposure to a trust structure in Jersey, whether through a trustee, a beneficiary or a protector, enforcer or other power holder. This book is also of importance to matrimonial, criminal or insolvency practitioners seeking information or documents for the purposes of foreign proceedings and those seeking asset recovery or enforcement against assets subject to Jersey trusts.

Litigating Trust Disputes in Jersey

This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal ...

Litigating Trust Disputes in Jersey

This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal Court of Jersey. The book is an indispensable tool for trust professionals and legal practitioners with clients that have an exposure to a trust structure in Jersey, whether through a trustee, a beneficiary or a protector, enforcer or other power holder. This book is also of importance to matrimonial, criminal or insolvency practitioners seeking information or documents for the purposes of foreign proceedings and those seeking asset recovery or enforcement against assets subject to Jersey trusts.

Guernsey Trust Law

22That also appears to be the position under Jersey law in relation to the equivalent statutory provision: J Sheedy and S Baker, Litigating Trust Disputes in Jersey, 1st edn (Hart Publishing, 2017) para 3–11 ('Article 51(1) of the ...

Guernsey Trust Law

This book is intended to be a comprehensive treatise of Guernsey trust law providing answers for practitioners advising on Guernsey trusts and trustees administering them. In particular, it provides a detailed analysis of the provisions of the Trusts (Guernsey) Law 2007 (as amended), a consideration of Guernsey trust cases as well as relevant cases in Jersey and in other jurisdictions, and analysis of the legal principles underpinning Guernsey trust law. Where there is no clear Guernsey authority on a particular point of law it gives a reasoned view, drawing on relevant legal principles, together with a broad assessment of the confidence of which the authors hold that view.

LexisNexis Practice Guide New Jersey Commercial Litigation

Mr. Tallmadge's practice is concentrated in trial and appellate litigation, including professional negligence, product liablity, insurance coverage, and bad faith issues. Mr. Tallmadge is admitted to practice in both New Jersey and ...

LexisNexis Practice Guide  New Jersey Commercial Litigation

The LexisNexis Practice Guide New Jersey Commercial Litigation is a practical, task-oriented guidebook to the various topics in commercial litigation. It clearly explains how to analyze, resolve, and/or litigate the issues that can arise at every stage of a commercial dispute, from the basic corporate structures to complex questions of law, evidentiary matters, procedure, and strategy. Comprehensive coverage includes Liability of Corporate Directors and Officers; Restrictive Covenants; Business Fraud, Consumer Fraud, and Fraudulent Transfers; Unfair Competition; and Trade Secrets. LexisNexis Practice Guide New Jersey Commercial Litigation includes over two dozen task-oriented checklists, almost two hundred strategic points, warnings, and timing tips to prevent practice missteps, and targeted cross-references to specific state and federal legislation and sources detailing the features of topics such as corporate governance, franchise litigation and lender liability.

ADR and Trusts

Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.

ADR and Trusts

Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.

International Trust Disputes

She is a regular speaker on trusts and estates litigation in the offshore arena, having worked in Bermuda as well as the BVI. ... Major cases have included matters being heard in the courts of England, Jersey, Guernsey, Cayman, ...

International Trust Disputes

The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

LexisNexis Practice Guide New Jersey Commercial Litigation

Mr. Tallmadge's practice is concentrated in trial and appellate litigation, including professional negligence, product liablity, insurance coverage, and bad faith issues. Mr. Tallmadge is admitted to practice in both New Jersey and ...

LexisNexis Practice Guide  New Jersey Commercial Litigation

​The LexisNexis Practice Guide New Jersey Commercial Litigation is a practical, task-oriented guidebook to the various topics in commercial litigation. It clearly explains how to analyze, resolve, and/or litigate the issues that can arise at every stage of a commercial dispute, from the basic corporate structures to complex questions of law, evidentiary matters, procedure, and strategy. Comprehensive coverage includes Liability of Corporate Directors and Officers; Restrictive Covenants; Business Fraud, Consumer Fraud, and Fraudulent Transfers; Unfair Competition; and Trade Secrets. LexisNexis Practice Guide New Jersey Commercial Litigation includes over two dozen task-oriented checklists, almost two hundred strategic points, warnings, and timing tips to prevent practice missteps, and targeted cross-references to specific state and federal legislation and sources detailing the features of topics such as corporate governance, franchise litigation and lender liability.

LexisNexis Practice Guide New Jersey Commercial Litigation 2022 Edition

Ms. Manning has been involved in a number of reported decisions, appears frequently before the New Jersey Superior Court, ... Mr. Tallmadge's practice is concentrated in trial and appellate litigation, including professional negligence, ...

LexisNexis Practice Guide  New Jersey Commercial Litigation 2022 Edition

The LexisNexis Practice Guide New Jersey Commercial Litigation is a practical, task-oriented guidebook to the various topics in commercial litigation. It clearly explains how to analyze, resolve, and/or litigate the issues that can arise at every stage of a commercial dispute, from the basic corporate structures to complex questions of law, evidentiary matters, procedure, and strategy. Comprehensive coverage includes Liability of Corporate Directors and Officers; Restrictive Covenants; Business Fraud, Consumer Fraud, and Fraudulent Transfers; Unfair Competition; and Trade Secrets. LexisNexis Practice Guide New Jersey Commercial Litigation includes over two dozen task-oriented checklists, almost two hundred strategic points, warnings, and timing tips to prevent practice missteps, and targeted cross-references to specific state and federal legislation and sources detailing the features of topics such as corporate governance, franchise litigation and lender liability.

LexisNexis Practice Guide New Jersey Commercial Litigation 2016 Edition

Hackensack, NJ. Her practice in civil litigation emphasizes complex commercial and corporate litigation in the trial and appellate courts. ... including corporate and partnership disputes, business torts and trust and estate litigation.

LexisNexis Practice Guide New Jersey Commercial Litigation 2016 Edition

The LexisNexis Practice Guide New Jersey Commercial Litigation is a practical, task-oriented guidebook to the various topics in commercial litigation. It clearly explains how to analyze, resolve, and/or litigate the issues that can arise at every stage of a commercial dispute, from the basic corporate structures to complex questions of law, evidentiary matters, procedure, and strategy. Comprehensive coverage includes Liability of Corporate Directors and Officers; Restrictive Covenants; Business Fraud, Consumer Fraud, and Fraudulent Transfers; Unfair Competition; and Trade Secrets. LexisNexis Practice Guide New Jersey Commercial Litigation includes over two dozen task-oriented checklists, almost two hundred strategic points, warnings, and timing tips to prevent practice missteps, and targeted cross-references to specific state and federal legislation and sources detailing the features of topics such as corporate governance, franchise litigation and lender liability commercial litigation. It clearly explains how to analyze, resolve, and/or litigate the issues that can arise at every stage of a commercial dispute, from the basic corporate structures to complex questions of law, evidentiary matters, procedure, and strategy. Comprehensive coverage includes Liability of Corporate Directors and Officers; Restrictive Covenants; Business Fraud, Consumer Fraud, and Fraudulent Transfers; Unfair Competition; and Trade Secrets. LexisNexis Practice Guide New Jersey Commercial Litigation includes over two dozen task-oriented checklists, almost two hundred strategic points, warnings, and timing tips to prevent practice missteps, and targeted cross-references to specific state and federal legislation and sources detailing the features of topics such as corporate governance, franchise litigation and lender liability. The eBook versions of this title feature links to Lexis Advance for further legal research options.

LexisNexis Practice Guide New Jersey Commercial Litigation 2017 Edition

Hackensack, NJ. Her practice in civil litigation emphasizes complex commercial and corporate litigation in the trial and appellate courts. ... including corporate and partnership disputes, business torts and trust and estate litigation.

LexisNexis Practice Guide New Jersey Commercial Litigation  2017 Edition

The LexisNexis Practice Guide New Jersey Commercial Litigation is a practical, task-oriented guidebook to the various topics in commercial litigation. It clearly explains how to analyze, resolve, and/or litigate the issues that can arise at every stage of a commercial dispute, from the basic corporate structures to complex questions of law, evidentiary matters, procedure, and strategy. Comprehensive coverage includes Liability of Corporate Directors and Officers; Restrictive Covenants; Business Fraud, Consumer Fraud, and Fraudulent Transfers; Unfair Competition; and Trade Secrets. LexisNexis Practice Guide New Jersey Commercial Litigation includes over two dozen task-oriented checklists, almost two hundred strategic points, warnings, and timing tips to prevent practice missteps, and targeted cross-references to specific state and federal legislation and sources detailing the features of topics such as corporate governance, franchise litigation and lender liability.

Martindale Hubbell International Law Directory

Senator of the States of Jersey. Member: IBA; Solicitors Pro Bono Group. LANGUAGES: English, French. PRACTICE AREAS: Asset Tracing; Trust Litigation; Commercial Litigation; Constitutional Law; Human Rights; Contract Disputes.

Martindale Hubbell International Law Directory


LexisNexis Practice Guide New Jersey Personal Injury Litigation

Forms: Form CLI 1.122.05, UM/UIM Release and Trust Agreement Discussion: See §§ 1.30, 1.31 below. ... [2] Analyzing Exclusion of Coverage Clauses The usual UM arbitration clause excludes disputes concerning coverage of UM claims from ...

LexisNexis Practice Guide  New Jersey Personal Injury Litigation

InLexisNexis® Practice Guide: New Jersey Personal Injury Litigation , General Editor Barry A. Knopf has assembled a distinguished group of expert authors to provide in-depth procedural and substantive coverage of the causes of action central to New Jersey personal injury practice. Combining a task-based, procedural style with substantive analysis, and practical insight based on years of practice experience, this practice guide is a unique source for the attorney unfamiliar with the practice area, the associate in need of an authoritative source, or the solo or small law firm practitioner needing reliable guidance in managing a personal injury case from the initial interview through trial.

LexisNexis Practice Guide New Jersey Personal Injury Litigation 2017 Edition

Forms: Form CLI 1.122.05, UM/UIM Release and Trust Agreement Discussion: See §§ 1.30, 1.31 below. ... [2] Analyzing Exclusion of Coverage Clauses The usual UM arbitration clause excludes disputes concerning coverage of UM claims from ...

LexisNexis Practice Guide  New Jersey Personal Injury Litigation  2017 Edition

In LexisNexis Practice Guide New Jersey Personal Injury Litigation, General Editor Barry A. Knopf has assembled a distinguished group of expert authors to provide in-depth procedural and substantive coverage of the causes of action central to New Jersey personal injury practice. Combining a task-based, procedural style with substantive analysis, and practical insight based on years of practice experience, LexisNexis Practice Guide New Jersey Personal Injury Litigation is a unique source for the attorney unfamiliar with the practice area, the associate in need of an authoritative source, or the solo or small law firm practitioner needing reliable guidance in managing a personal injury case from the initial interview through trial. Our distinguished authors and their areas of coverage include the following: Barry A. Knopf, Audra DePaolo; Cohn Lifland Pearlman Herrmann & Knopf • Medical Malpractice Anthony M. Carlino; McElroy Deutsch Mulvaney & Carpenter • Motor Vehicle Negligence William C. Carey; McElroy Deutsch Mulvaney & Carpenter • Premises Liability Nancy McDonald; McElroy Deutsch, Mulvaney & Carpenter • Toxic Torts Diana C. Manning; Mark M. Tallmadge; Bressler, Amery & Ross • Product Liability Diana C. Manning; Bressler, Amery & Ross • Professional Liability Lawrence M. Simon; Law Offices of Lawrence M. Simon • Governmental Liability Each Practice Guide chapter combines authoritative legal analysis with expert authors' practical insights that have been distilled from years of practice experience. LexisNexis Practice Guide New Jersey Personal Injury Litigation includes more than 150 Practice Tips--Strategic Point, Warning, Timing, and Exception (with easy-to-recognize icons)--that transition smoothly from legal analysis to practical application of a point of law. LexisNexis Practice Guide New Jersey Personal Injury Litigation includes more than 100 forms references in checklists and in chapter text.

Bankruptcy Litigation Manual 2012 2013 Edition

... Jersey and (ii) for an order declaring that Jersey law controlled the determination of the ownership of the painting and that the determination shall be made in an arbitration proceeding in Jersey?“96 A liquidation trust established ...

Bankruptcy Litigation Manual  2012 2013 Edition

Every step in the business bankruptcy litigation process is covered inAspen Publishers' Bankruptcy Litigation Manual, from thedrafting of the first pleadings through the appellate process. In fact, bymaking the Bankruptcy Litigation Manual a part of your workinglibrary, you not only get detailed coverage of virtually all the topics andissues you must consider in any bankruptcy case, you also getfield-tested answers to questions you confront every day, such as:How to stay continuing litigation against a corporate debtor's non-debtorofficers?What are the limits on suing a bankruptcy trustee?Is the Deprizio Doctrine still alive?Does an individual debtor have an absolute right to convert a case fromChapter 7 to Chapter 13?What prohibitions exist on cross-collateralization in financing disputes?Are option contracts "executory" for bankruptcy purposes?When, and under what circumstances, may a bankruptcy court enjoin anadministrative proceeding against a Chapter 11 debtor?What are the current standards for administrative priority claims?When must a creditor assert its setoff rights?When can a remand order issued by a district court be reviewed by a court ofappeals?What are the limits on challenging pre- bankruptcy real propertymortgage foreclosures as fraudulent transfers?Can an unsecured lender recover contract-based legal fees incurred in post-bankruptcy litigation on issues of bankruptcy law ?Is there a uniform federal limitation on perfecting security interests thatprimes a longer applicable state law period, thus subjecting lenders to apreference attack?Do prior bankruptcy court orders bar a plaintiff's later state courtsuit and warrant removal of the action in federal court?Michael L. Cook, a partner at Schulte Roth & Zabel LLP in New York andformer long-time Adjunct Professor at New York University School of Law, hasgathered together some of the country's top bankruptcy litigators tocontribute to Bankruptcy Litigation Manual.Contributing Authors:Jay Alix, Southfield, MINeal Batson, Alston & Bird, LLP, Atlanta, GAKenneth K. Bezozo, Haynes and Boone, New York, NYSusan Block-Lieb, Fordham University School of Law, Newark, NJPeter W. Clapp, Valle Makoff, LLP, San Francisco, CADennis J. Connolly, Alston & Bird, LLP, Atlanta, GADavid N. Crapo, Gibbons P.C., Newark, NJKaren A. Giannelli, Gibbons P.C., Newark, NJDavid M. Hillman, Schulte Roth & Zabel, LLP, New York, NYAlfred S. Lurey, Kilpatrick & Stockton, Atlanta, GAGerald Munitz, Butler Rubin, Salterelli & Boyd, LLP, Chicago, ILRobert L. Ordin, Retired Bankruptcy Court JudgeStephen M. Pezanosky, Haynes and Boone, LLP, Partner and Chair of BankruptcySection, Fort Worth, TXRobin E. Phelan, Haynes and Boone, LLP Dallas, TXDaniel H. Squire, Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, DCMichael L. Temin, Fox Rothschild, LLP, Philadelphia, PASheldon S. Toll, Law Office ofSheldon S. Toll, Southfield, MIJason H. Watson, Alston & Bird, LLP, Atlanta, GAKit Weitnauer, Alston & Bird, LLP, Atlanta, GAWritten by Mr. Cook and nineteen other experts, Bankruptcy LitigationManual provides authoritative, up-to-date information on virtuallyevery aspect of the bankruptcy litigation process, from discovery throughappeal.

The Legal 500

BakerPlatt is a litigation boutique with a solid commercial dispute resolution practice . ... Alhamrani case , the largest piece of trust The ' very knowledgeable ' lawyers at Mourant litigation ever seen in Jersey ...

The Legal 500


Avoiding or Minimizing Construction Litigation

Most disputes regarding payment clauses arise because there is disagreement over whether the prime is required to pay the ... 6.7 -Payment of Funds for Work Performed by Others Considered Trust Funds Certain states attempt to avoid ...

Avoiding or Minimizing Construction Litigation

Enables non-attorneys in the construction industry to understand how the construction process and law interact in order to resolve disputes without going to court. Analyzes specific issues concerning contracts, subcontracting, tort claims, insurance and bonds. Recommends strategies for avoiding or terminating litigation if a claim arises. Includes actual case studies and a complete reference of relevant AIA, EJCDC and NSPE documents.

Litigation Nation

The second chapter follows a major shift (what I have called a “phase change”) in the way the American colonists did business, focusing in particular on land disputes in eighteenth-century New Jersey. Real estate transactions whose ...

Litigation Nation

This book charts the history of civil litigation in America from the 17th century to today, using key cases that illustrate the central theme of lawsuits in different periods of U.S. history, and enabling readers to explore and understand key questions in American life and culture through the changing nature of how and why we sue one another.

Settlement Agreements in Commercial Disputes Negotiating Drafting Enforcement 2nd Edition

He is an experienced trial attorney and appellate litigator who represents individual and corporate clients in complex business litigation, shareholder disputes, trust & estates litigation, and federal criminal cases.

Settlement Agreements in Commercial Disputes  Negotiating  Drafting   Enforcement  2nd Edition

With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782