Marc Seddon

Jan 15, 2025 | mondaq.com | Richard Holden |Marc Seddon |Craig Macleod

Where a trustee is on notice of an adverse claim against trustassets by a third party, the trustee may be personally liable if itdeals with those assets in disregard of that claim (commonly knownas the "Guardian Trust principle"). On the other hand, beneficiaries of the trust may still clamourfor distributions, and the adverse claim has not been upheld yet– and may ultimately be rejected by the Court. In thosecircumstances, what is a trustee to do?

Jan 3, 2024 | mondaq.com | Richard Holden |Nigel Sanders |Marc Seddon |Fraser Hern

It has been an open question for almost 20 years whether a misrepresentation constituting dol (essentially, fraud) could be made by silence alone in Jersey law. The issue has now been laid to rest following the Royal Court judgment in the long running dispute between HRCKY Limited and Hard Rock International Limited, which held that mere silence, without more, cannot amount to a misrepresentation under Jersey contract law.

Nov 21, 2023 | mondaq.com | Richard Holden |Nigel Sanders |Marc Seddon |Fraser Hern

There is no generally implied term of good faith in all Jersey law contracts, the Royal Court has held. In doing so, it has answered a question left open in earlier Jersey judgments – including by the Court of Appeal in the same case – as to whether such a term could be found. Save in limited circumstances, the Royal Court has now definitively found that no such term exists.

Jul 6, 2023 | mondaq.com | Richard Holden |Nigel Sanders |Marc Seddon |James Turnbull

Introduction For executors and administrators of estates it is important to have clarity as to the timeframes within which claims can be brought against the estate they are administering. Heirs and legatees can only bring a challenge against the estate of a deceased within a year and a day of the death of the deceased or the date of issue of any grant of probate, these claims include for example seeking to enforce forced heirship rights.

Mar 13, 2023 | lexology.com | Dilmun Leach |Daniel J Read |Christopher Reed |Marc Seddon |Kirsten Faichnie |Tom Fothergill

Attorney General (“AG”) has issued guidance to the industry on the circumstances in which the AG will apply to Jersey’s Royal Court (“the Court”) under article 78 of the Companies (Jersey) Law 1991 (“the Companies law”) to disqualify a person from being the director of a company. The guidance has been issued in the run-up to the Moneyval inspection of Jersey’s financial services regulatory apparatus, which is due to begin later in 2023.