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Legal changes and developments are detailed in our regular newsletters and articles to keep you informed and up-to-date.

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Early due diligence – avoiding pitfalls from the outset

24 April 2018

Due diligence is a vital part of purchasing a new site and a buyer would not usually consider proceeding until it has obtained detailed information on the nature and potential risks of its investment. Due diligence by an owner is arguably equally important when considering carrying out or procuring the development of a site.

Misappropriation, fraudulent documents and non-physical loss: the Commercial Court provides clarification on the proper construction of All Risks marine cargo cover

24 April 2018

On 23 April 2018 the judgment on the above action was handed down in the Commercial Court. The outcome of the case, in which Kennedys was instructed on behalf of the defendant insurers, will be welcomed by insurers as it provides certainty in respect of the proper construction of All Risks marine cargo policies.

Carlyle: an exposition of directors’ duties

23 April 2018

In September 2017, Lieutenant Bailiff Hazel Marshall QC (LB Marshall QC) of the Royal Court of Guernsey handed down a judgment in one of the largest claims in Guernsey’s history.

Commercial lender owes no duty of care to borrowers to disclose lending policies

23 April 2018

In Deslauriers v Guardian Asset Management Limited [09.11.2017] (on appeal from the Court of Appeal of Trinidad & Tobago), the Board of the Judicial Committee of the Privy Council (the Board) considered whether the respondent, an asset management company, was under a duty of care to advise the appellants of its lending limits when entering into a loan transaction for property development, and whether the respondent’s failure to do so constituted misrepresentation.

Musical chairs and the offshore judiciary

23 April 2018

2018 has already seen a number of important judicial appointments, and retirements, at the courts of the major offshore financial centres. The new appointments, however, contain many familiar names.

Early due diligence – avoiding pitfalls from the outset

24 April 2018

Due diligence is a vital part of purchasing a new site and a buyer would not usually consider proceeding until it has obtained detailed information on the nature and potential risks of its investment. Due diligence by an owner is arguably equally important when considering carrying out or procuring the development of a site.

Misappropriation, fraudulent documents and non-physical loss: the Commercial Court provides clarification on the proper construction of All Risks marine cargo cover

24 April 2018

On 23 April 2018 the judgment on the above action was handed down in the Commercial Court. The outcome of the case, in which Kennedys was instructed on behalf of the defendant insurers, will be welcomed by insurers as it provides certainty in respect of the proper construction of All Risks marine cargo policies.

Carlyle: an exposition of directors’ duties

23 April 2018

In September 2017, Lieutenant Bailiff Hazel Marshall QC (LB Marshall QC) of the Royal Court of Guernsey handed down a judgment in one of the largest claims in Guernsey’s history.

Commercial lender owes no duty of care to borrowers to disclose lending policies

23 April 2018

In Deslauriers v Guardian Asset Management Limited [09.11.2017] (on appeal from the Court of Appeal of Trinidad & Tobago), the Board of the Judicial Committee of the Privy Council (the Board) considered whether the respondent, an asset management company, was under a duty of care to advise the appellants of its lending limits when entering into a loan transaction for property development, and whether the respondent’s failure to do so constituted misrepresentation.

Musical chairs and the offshore judiciary

23 April 2018

2018 has already seen a number of important judicial appointments, and retirements, at the courts of the major offshore financial centres. The new appointments, however, contain many familiar names.