ChBA Jersey Conference 2019 - Booking

1.45-2.10pm

Registration & Coffee

Welcome from the Conference Chair, Michael Gibbon QC, Maitland Chambers

2.15-3.00pm

Peter Dodge, Radcliffe Chambers

Thomas Fletcher, Maitland Chambers

Mark Hubbard, New Square Chambers

The Wobling Fund: a crypto case study

A short case study exploring the regulatory and legal position of a Jersey based investment fund in trouble, looking at:

• the recent Primeo and Weavering Privy Council decisions re Cayman fund collapses and preferential payments;
• the Guernsey decision Liang v RBC Trustees on trustees and proceeds of crime;
• the lessons to be learned from the Woodford fund situation in England; and
• Bitcoin/crypto assets as a source of risk.

3-3.40pm

Andrew de Mestre QC, 4 Stone Buildings

James Potts QC, Erskine Chambers

Albert Sampson, 4 Stone Buildings

Andrew Thompson QC, Erskine Chambers

Directors’ duties in the face of insolvency & corporate responsibility for delinquent directors’ acts

• Directors’ duty to consider creditors and what the duty requires.
• When the duty is triggered and how the test is applied after BTI v Sequana and Burnden Holdings
• Attribution in the light of Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd.
• Company directors: authority & agency.

3.40-4pm

Sarah Tulip, 3VB

Worldwide freezing orders: Recent developments

• The duty of full and frank disclosure, with particular reference to Fundo Soberano and PJSC Bank v Kolomisky
• Post judgment freezing orders, with particular reference to MWP v Emmott and Markham v O'Hara.
• The Angel Bell exception, with particular reference to Koza v Ackil.

4-4.30pm

Afternoon tea

4.30-5pm

Rebecca Page, Maitland Chambers

Shareholder Spats: The recent approach of the English Court to minority discounts and offers to purchase shares in unfair prejudice petitions

• Minority Discounts: When will the court order a share purchase with a minority discount? Considering the Court's approach post Re Blue Index
• Offers to Purchase Minority Shares: a question of substance, form or circumstance? Examining what constitutes a fair offer in light of the Court of Appeal's guidance in Re Sprintroom and considering when an offer can provide a defence to liability.

5-5.20pm

Amanda Hardy QC, 5 Stone Buildings

Oliver Marre, 5 Stone Buildings

UK Tax update for Jersey Practitioners

• New taxes on Jersey entities buying, holding and selling UK property, including CGT and SDLT.
• Disclosure obligation for Jersey entities including the new 12 year enquiry widow and DOTAS.
• Case law update, including excluded property trusts and Barclays Wealth; charities and Routier and the effect of Brexit on cross border tax issues including Panayi.

5.20-6pm

Nicholas Le Poidevin QC, New Square Chambers

Alexander Learmonth, New Square Chambers

Trustees under pressure: departure, indemnity and insolvency

• Dislodging unsatisfactory trustees is not always easy or cheap – both in and out of court.
• Protection against liabilities; rules vary from jurisdiction to jurisdiction, so the proper law will be important.
• The priority scramble - Re Z Trusts in Jersey.

6.00-8.00

Drinks and Canapes Reception