Jersey Insolvency & Asset Tracking - Supplement to Third Edition - Spring 2009

The third edition has been described as an established work which has assisted the courts, lawyers, accountants, bankers and other professionals both in Jersey and, as importantly, those outside the Island with connections in Jersey.

The Supplement covers developments concerning the recovery of assets, company law amendments, recent cases and includes new appendices on saisies judiciaries on the interaction of insolvency on employment law and on the Foundations (Jersey) Law 2009.

This supplement to Jersey Insolvency and Asset Tracking has been produced by Anthony Dessain and Michael Wilkins generally in association with Robert Gardner, a senior lawyer at Bedell Cristin specialising in insolvency matters. As well as being admitted to practice in England and Wales, Robert Gardner has been admitted to the bar of the Cayman Islands and called to the bar of the British Virgin Islands as a solicitor.  The section on Proceeds of Crime was, however, formulated in collaboration also with Ed Shorrock ACA of BakerPlatt, Jersey, while that on Employment Law issues was contributed by Advocate Vicky Milner and that on Jersey Foundations by Advocate Alan Dart both also of Bedell Cristin.

Jersey Insolvency and Asset Tracking (formerly published in 1st and 2nd Editions as Jersey Insolvency Law in Practice) was published in early 2006 and attempted to state applicable principles of law correctly up to 31st December 2005.  Since that time, the law has been refined in various ways and the practice and procedures relating to the seizure and confiscation of property under the Drug Trafficking Offences (Jersey) Law 1988 and the Proceeds of Crime (Jersey) Law 1999 have expanded considerably.  Essentially, this supplement sets out to provide practitioners with an easy to use and comprehensive annotation.  We have taken the opportunity to refer to a number of recent English cases which in our view would have persuasive effect although, if and until they are adopted by the Royal Court and therefore form part of Jersey law, they should be treated with appropriate circumspection.  The approach adopted has allowed for the addition of an entirely new Appendix 9 giving an account of the practice in seizure and confiscation cases under the mentioned legislation.  Further, a new Appendix 10 focuses on Employment Law issues in insolvency, while the new Appendix 11 outlines the concept of Jersey Foundations.  This supplement is up-to-date to 31st March 2009.  The method of proceeding has been to provide extracts from the original text with the necessary modifications duly incorporated.  To assist the reader, other than in the case of the entirely new appendices, the modifications appear in heavy bold type.

CONTENTS
Preface to the Supplement
Table of Additional Cases
Table of Additional Legislation
Chapter 2 - Asset Recovery and Claimants'
Rights Prior To and After Insolvency
Proceedings
Chapter 3 - Officers' and Directors' Duties and
Liabilities
Chapter 5 - Insolvency
Chapter 6 - Cross-Border Insolvency
Amendments to the Appendices
(New) Appendix 9 - Saisies Judiciaires
1.Introduction
2.The statistics
3.Saisie Judiciaire procedure
4.Conclusion
(New) Appendix 10 - Employment Law and Insolvency
1.Background
2.The Jersey Employment Tribunal (the "Tribunal")
3.Effect of winding up under Article 155 of the Companies Law on contracts of employment
4.Continuation of employment by agreement
5.Impact of a Royal Court stay on Tribunal claims
6.Employment and priority claims
(New) Appendix 11 - Jersey Foundations
1.What Is a Jersey foundation and what can it do?
2.Features of Jersey foundations
3.Incorporation of a foundation
4.The charter
5.The regulations
6.The founder
7.The council
8.The guardian
9.Beneficiaries and provision of information
10.Administrative matters and record keeping
11.Merger, migration and dissolution
Postscript