Firewall meaning

In this issue: Practice and procedure Relationship breakdown Financial provision Public children Court of Protection LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts New content Updated content New Q&As Useful information Practice and procedure Changes to HMCTS Cloud Video Platform and the Video Hearings Service In July 2024, HM Court and Tribunals Service (HMCTS) announced plans to upgrade the systems behind the Cloud Video Platform (CVP) and the Video Hearings Service (VHS) (see: LNB News 12/07/2024 10). The update requires organisations to check, and possibly change, their firewall settings. Accordingly, organisations should review—and, where needed—adjust their firewall configurations. The revisions affect any area of practice that may involve attending a court hearing, and HMCTS has stated that these network changes must be in place by 28 September 2024. There is no requirement to delete existing IP addresses from current configurations (also known as the whitelist). Before joining a VHS hearing,...

Original news R Trust [2015] JRC267A What were the background facts of the case? The matter arose from directions issued by the English Family Court against Jersey-based trustees of a Jersey discretionary trust, even though the trustees had not accepted the authority of that court. Following divorce proceedings in England between Mr B and his former spouse, Mrs B, the court ordered a distribution of the matrimonial estate. Included within that division was a trust established by Mr B, whose only beneficiaries were the parties’ children, both of whom were minors. The trust deed nevertheless allowed, among other powers, the addition of further beneficiaries. The English court determined that Mr B’s transfer of assets into the trust should be unwound, and instructed the trustee to recognise that position and return the trust fund to Mr B so that he could make payment on to Mrs B. The judgment in the financial remedy proceedings made plain that the family’s resources overall were insufficient for Mrs B to sustain the property...

In this issue: Key DR developments Claims and remedies Cross-border disputes Evidence and disclosure New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Court guidance HM Courts and Tribunals Service (HMCTS) has released updated technical guidance for IT teams enabling access to the Cloud Video Platform (CVP) from within corporate networks. The note sets out HMCTS firewall parameters and covers devices such as cameras and microphones, handling of real-time media, plus supported browsers and IP addresses. For more detail, see: LNB News 20/09/2024 37—HMCTS publishes firewall guidance for corporate IT services supporting CVP access. Consultations and responses CLLS raises concerns about SRA’s financial penalties proposals: The City of London Law Society (CLLS) has issued its reply to the Solicitors Regulation Authority’s (SRA’s) consultation, ‘Financial Penalties: further developing our framework’. The SRA opened the consultation to seek feedback on plans to refine its fining regime, reflecting new...

A trust is a legal arrangement created either during life by gift or on death, where an individual (the settlor) passes assets to one or more people (the trustees) to hold for beneficiaries or for a defined purpose. Depending on the terms of the trust deed, the trustees may simply retain the assets until a future event occurs, or they may invest them so that the beneficiaries can receive value from the fund, typically as distributions of capital or as income generated by the investments. Benefits may arise on the happening of a condition or over time, according to the instrument. A trust therefore involves three roles: settlor, trustees and beneficiaries. It rests on equitable principles under which legal title to property is distinct from beneficial ownership, and the trustee owes a duty of care to the beneficiaries. When a trust is established, the trustees take legal ownership of the trust property, whilst beneficial ownership lies with the beneficiaries in whose favour the trustees must act as required under the...

This Practice Note summarises Bermuda trust law at a high level and signposts its distinctive characteristics, including expansive reserved powers rules, codified Hastings Bass measures, and adaptable perpetuity provisions. Bermuda’s trust legislation Trustee Act 1975 (TA 1975) – addresses, among other matters, trustees’ powers, entitlements and duties, together with the Bermuda courts’ supervisory jurisdiction in trust matters. Trusts (Special Provisions) Act 1989 (TSPA 1989) – sets out Bermuda’s broad reserved powers regime, firewall protections, and rules on purpose trusts. Perpetuities and Accumulations Act 2009 (Bermuda) (PA 2009) – states that trusts created on or after 1 August 2009 may exist indefinitely provided they do not own Bermuda land, and permits the disapplication of the rule against perpetuities for earlier trusts. Trusts (Regulation of Trust Business) Act 2001 – requires the licensing of persons conducting trust business in Bermuda. Who can serve as trustee? There is no need for trustees to be resident in Bermuda, although appointing licensed local trustees...

For broader details on Jersey, refer to Spitz & Clarke Offshore Service: Jersey [JER.1]. What is a Jersey foundation? The foundation is a civil law construct and a statutory creature under Jersey law, brought in by the Foundations (Jersey) Law 2009 (Law). Best thought of as a hybrid, it combines company-like features with purposes akin to a trust. As with a company, it has separate legal personality and a council that manages its affairs, functioning much like a board of directors. However, it has no shareholders, and unlike a trust there are no beneficiaries with rights in the foundation’s assets or owed any fiduciary duty. Accordingly, a foundation has no owners and is viewed as an ‘orphan entity’. Use of foundations A Jersey foundation can be employed for almost any lawful purpose, save for two exceptions rooted in Jersey’s public policy and jurisprudence. Typical applications include: Asset protection/succession planning Families aiming to ring‑fence particular assets or to sidestep forced heirship rules, while setting...