GAIM Ops Cayman 2019

Walkers will once again be a headline sponsor of the 2019 GAIM Ops Cayman conference.

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Walkers Launches Compliance Services Offering

Walkers Compliance complements Walkers' legal, corporate and fiduciary services to deliver a one-stop-shop for clients looking to use the Cayman Islands jurisdiction for their business needs.

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Brexit

Following the result in the United Kingdom's EU referendum, Walkers has created a Brexit page dedicated to providing our clients relevant information about the jurisdictions in which we practise.

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Walkers is a leading international law firm. We advise on the laws of Bermuda*, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey.
GlobalMap Oct2018
Admissions April2019

Walkers Announces Admissions of 50th and 51st Caymanian Attorneys-at-Law

We are pleased to announce that Articled Clerks Gemma Cowan and Sophie Dibb have completed their legal training, both being called to the Cayman Islands Bar. 

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Ireland Real Estate: Chopped up and out, Dealz or no Dealz

Walkers takes a look at the lessons learned from two high profile Irish planning decisions on the importance of doing your planning due diligence.

Based on both decisions, the clear message from the Planning Authority is that retention permission should not be used as a “get out of jail free” card by businesses seeking to retrospectively satisfy planning breaches. The circumstances under which retention permission is available are tightly circumscribed.

 

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Japan's Private Equity Outlook 2019

Despite a recent trend in the press to focus on economic challenges: whether trade wars, Brexit, or in Japan's case the impact of negative interest rates, and the structural problems posed by an aging population, it is clear that the private equity sector is flourishing, globally. However, there are particular reasons for optimism in Japan.

Although data cited in the press often identifies challenging issues with various industries and sectors, much of the analysis seems to ignore some of the equally compelling statistics in relation to the records being broken in private equity ("PE") and venture capital ("VC"), which gestures towards a bright future. The PE and VC spaces in Japan have been buoyant in recent times, and early indications are that these sectors will continue to grow, and attract increasing investment, both from within Japan and from overseas.

In the view of Walkers partners Thomas Granger and James Gaden, performance, coupled with other trends including broader recognition and acceptance of the asset class, and shifts in labour market perceptions, should see PE and VC take a more significant role in the Japanese economy into the future.

 

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Chambers Global Practice Guide 2019: Ireland Insolvency Chapter

Ireland partner Gavin Smith and of counsel William Greensmyth have provided their jurisdictional knowledge on insolvency to Chambers Global Practice Guide.

Reproduced with permission from Chambers and Partners (published in February 2019).

 

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Relief for Mistake - How Innovative will the Jersey Court be?

In its latest consideration of an application to rectify a mistake made in relation to a Jersey discretionary trust, the Royal Court declined to use the "innovative powers" afforded to it under Article 47E of the Trusts (Jersey) Law 1984 (as amended) (the Trusts Law) so as to take positive steps to give effect to past intention of the economic settlor.

In the Matter of the B Trust [2019] JRC035, concerned a representation brought by the economic settlor of a Jersey law trust (the Trust), seeking relief in relation to mistakes that he had made in establishing the Trust as a result of his misunderstanding as to:-
1. The true nature and effect of establishing a Jersey law trust; and
2. The UK inheritance tax (IHT) treatment of the Trust.

The Representor submitted that but for these two categories of mistake, he would not have settled assets into the Trust, nor would he have continued to make dispositions into the Trust. The Court accepted the Representor's evidence and set aside the transfers of assets, but would not make positive orders beyond that.

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Secured Rights and Receiverships: Windfalls and Pitfalls

Despite the advantages of having security over a company’s assets, there are issues which a secured creditor should take note of, from the point of negotiating the terms of the security instrument through to the point of enforcement. Receiverships are a key method of enforcement and enable secured creditors to realise the secured property and recover the secured debt. This article provides a practical consideration of those matters from an enforcement perspective and discusses the points that a secured lender should be aware of in order to maximise its chances of recovering its debt in full.

This article first appeared in Volume 16, Issue 1 of International Corporate Rescue and is reprinted with the permission of Chase Cambria Publishing - www.chasecambria.com 

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