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Specialism: Lawyers Contentious Trusts
Location: St Helier, Jersey
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Average client size: Over £25 million
Fixed fee offering: Yes
Number of offices globally: More than 5
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Acted for a Cyprus-based trustee of a Jersey trust to challenge Jersey Comptroller of Taxes
Instructed to act for a Cyprus-based trustee of a Jersey law trust to challenge by way of judicial review notices issued by the Jersey Comptroller of Taxes requiring the provision of certain documentation to the Indian tax authority pursuant to a TIEA and the validity of the relevant statutory regime. The grounds on which judicial review was brought were procedural unfairness and the statutory regime itself involved a disproportionate interference with rights to the extent they have removed procedural rights they disproportionately interfere with rights protected by common law and by Articles 6, 8 and AIPI.
Following a rejection by the Royal Court of the judicial review, joint and simultaneous appeals were filed with the Privy Council. Those appeals were subsequently settled before being heard. This was the first case of its kind to bring into question the lawfulness of the statutory regime.