The Legal 500

Guernsey

Editorial

Legal market overview

While Guernsey continues to develop its international profile as an investment fund centre, particularly for private equity and venture capital, transaction structuring and services, it has recently experienced a decline in fund activity.

M&A activity for the island in 2012 featured many cross-jurisdictional property and financial services deals involving Guernsey companies. The new Competition Law, effective from August 2012, impacted on M&A activity by creating an additional layer of analysis as to whether deals required the competition authority’s consent.

Financing instructions tended to focus on bridge financing to private equity funds, and real estate finance transactions, while refinancings and restructurings remained a significant source of work. There was also a rise in listings on the Channel Islands Stock Exchange.

IP lawyers in Guernsey can look forward to new instructions following the launch of the world’s first image rights register in Guernsey in December 2012. The legislation established image rights as a separate branch of IP law, and provides defined safeguards for celebrities and sports personalities.

A major development in Guernsey’s private wealth sector was the introduction of the island’s own version of foundations, which already existed in Jersey and the Isle of Man, thereby meeting demand from jurisdictions more used to the foundation structure than trusts.

Dispute resolution lawyers remained active throughout the year. A number of law firms on the island were called on to advise in relation to a $1bn-plus compensation claim brought against the directors of Carlyle Capital Corporation, in relation to a collapsed fund that invested in residential mortgage backed securities.

International developments for Guernsey’s legal practices included Carey Olsen opening a Cayman Islands office, with a team of four partners who specialise in corporate, finance and investment funds. The firm also launched a BVI practice, and in January 2013 entered into an association with offshore law firm Hempel and Boyd.

Bedell Cristin established a BVI office at the start of 2012, and launched a Singapore outpost in July 2012. Mourant Ozannes opened up in the BVI in September 2012, following on from its Hong Kong launch at the start of 2012, and Appleby founded a representative office in Shanghai in April 2012.

Key market movements for the island included corporate and finance expert David Moore and litigation advocate Rupert Morris joining Bedell Cristin from Mourant Ozannes and Ogier respectively, and Roger Le Tissier retiring from Ogier in 2013.

Press releases

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to

Legal Developments in Guernsey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • In re B; B v T (Court of Appeal, 11 July 2012)

    A trustee's duty of confidentiality has recently been discussed and to some extent clarified in the recent Guernsey Court of Appeal decision of In re B; B v T (Court of Appeal, 11 July 2012). This summary has been prepared to provide you with a summary of the case as well as the general issues raised, but is not intended to cover all matters or to provide commentary.   This summary does not constitute legal advice.
  • The Company Administration Regime in Guernsey

    Introduction 
  • Guernsey Image Rights Legislation

    The Image Rights (Bailiwick of Guernsey) Ordinance 2012 (the Ordinance) and The Image Rights (Bailiwick of Guernsey) Regulations, 2012
  • Guernsey Foundations

    The Foundations (Guernsey) Law, 2012 (Law) is awaiting Royal assent, expected to be given by the end of the year or early next year. Whilst Guernsey is not the first jurisdiction to provide for foundations, the Law does provide a number of unique options for individuals wishing to take advantage of the benefits provided by foundations. The purpose of this note is to provide both a general summary of the features of a Guernsey foundation, as well as a summary of these unique options that will be available under the Law.
  • Competitive Guernsey

    Guernsey has been considering the introduction of local competition law since at least 2005 and by bringing into effect The Competition (Guernsey) Ordinance, 2012 on 1 August 2012, has introduced an effective Competition Law regime, to regulate the same 3 core areas recognized in most competition regimes, namely the abuse of a dominant position, anti-competitive arrangements, and mergers and acquisitions.
  • Foundations in Guernsey

    On 25 July 2012 the States of Deliberation, Guernsey’s parliament, approved the project de loi The Foundations (Guernsey) Law, 2012 (the “Law”). Subject to Privy Council approval, the Law is expected to come into force in late 2012 or early 2013. This note is a brief summary of certain features of the new Law.
  • Friendly Rivalry? The Competition Laws of the Channel Islands

    • New Competition Law for Guernsey in force on 1 August 2012 • Jersey and Guernsey now both regulate the abuse of a dominant position, anti-competitive arrangements, and mergers and acquisitions • Key differences between the islands' competition laws • Overall, a pan-Channel Island approach to regulation
  • Making a will in Guernsey May 2012

    On 2 April 2012 The Inheritance (Guernsey) law 2011 came into force which has replaced Guernsey’s forced heirship regime with a system of full testamentary freedom (accompanied by family and dependent provisions).
  • Listing Specialist Securities on the Channel Islands Stock Exchange

    The Channel Islands Stock Exchange LBG ("CISX") began its operations in October 1998. It is based in St Peter Port, Guernsey and provides a listing facility and bespoke trading platform.
  • Image rights laws to be introduced in Guernsey

    “Image is everything” - Andre Agassi once famously declared in an advert for camera brand, Canon.

Press Releases in Guernsey

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to
  • P+P Pöllath + Partners berät die DATA MODUL AG, München, bei öffentlicher Übernahme durch Arrow

    Die DATA MODUL Aktiengesellschaft Produktion und Vertrieb von elektronischen Systemen mit Sitz in München („Data Modul AG“) steht vor einer öffentlichen Übernahme durch die Arrow Electronics, Inc. mit Sitz in Centennial, Colorado/USA. Deren Tochtergesellschaft Arrow Central Europe Holding Munich GmbH hat als Bieterin ein freiwilliges öffentliches Übernahmeangebot zum Erwerb sämtlicher Aktien der Data Modul AG zu einem Angebotspreis von EUR 27,50 je Aktie angekündigt. Dies entspricht einer Prämie von rund 36% auf den gewichteten durchschnittlichen Börsenkurs der Data Modul-Aktien während der letzten drei Monate.
  • VEGAS LEX continues to represent OGK-2 in its gas turbine engine quality dispute

    On January 14, 2015, the VEGAS LEX law firm won an appeal case in the Sixteenth Commercial Court of Appeals for the sake of the Second Generating Company of the Wholesale Power Market (OGK-2)* in a dispute over the quality of a gas turbine engine (GTD-110) supplied by NPO Saturn to compel the defendant to restore the equipment's operation after a breakdown. The court ordered NPO Saturn to repair the broken GTD-110, with the cost of repairs adding up to RUB1bln, which is comparable with the cost of new equipment.
  • VEGAS LEX helps collect lost profit for Khanty-Mansiysk Non-State Pension Fund

    On January 13, 2015, the VEGAS LEX Dispute Resolution Practice won a case in the Ninth Commercial Court of Appeals for the sake of the Khanty-Mansiysk Non-State Pension Fund* in a dispute over a trust management agreement with regard to the fund's pension reserves.
  • Positive Developments for the Economy of Cyprus

    Normal 0 false false false EN-GB X-NONE X-NONE MicrosoftInternetExplorer4 It has been around one year and a half since the Eurogroup decisions to recapitalise Bank of Cyprus via a bail-in on 25 th of March 2013. Cyprus has worked hard since then to exit the financial crisis and to maintain its status and reputation as an international financial centre. Within October 2014, several positive developments which took place suggest that Cyprus is on a good path. These positive developments include: /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Calibri","sans-serif";}
  • Avellum Partners Advised Nadezhda Group on Corporate Restructuring

    Kyiv, 29 December 2014  - Avellum Partners advised Nadezhda Group ("Group"), operating in the liquefied petroleum and gas industry, on tax planning for holding structure of the Group, all legal and tax aspects of corporate restructuring and acquisition finance issues, aimed at obtaining finance from international finance institutions ("IFIs").
  • Avellum Partners Advised on Exchange Offer of Metinvest

    Kyiv, 14 January 2015  - Avellum Partners acted as Ukrainian legal counsel to Deutsche Bank AG, London Branch and ING Bank N.V., London Branch, who acted as Dealer Managers, in connection with the exchange offer of Metinvest B.V., the parent company of a vertically integrated group of steel and mining companies ("Metinvest") for its USD500 million 10.25% guaranteed notes due 2015, coupled with the new issue of USD289.7 million 10.5% guaranteed notes due 2017 ("Notes") under its USD1,500,000,000 Guaranteed Medium Term Note Programme and a 25% cash consideration. The Bank of New York Mellon, London Branch acted as the Exchange Agent. The Notes are listed and admitted to trading on the Global Exchange Market of the Irish Stock Exchange.
  • Gorodissky new practices

    In December 2014 the IP team of Gorodissky & Partners was joined by Valery Narezhny who will be in charge of the firm's new law practices such as taxes, customs and commercial laws. Valery graduated from Finance Academy under the Government of Russia (Moscow) majoring in "Finances and Credits" and the Academy of Law and Management (Moscow) majoring in "Civil Law", holds PhD degree in economics. He is specializing in taxes, currency, customs, labor and commercial laws and in court disputes. Valery started his carrier in the state bodies (Tax Policy Department, Ministry of Finance, and Government Administration), worked for a number of Russian and international law firms. He is author of more than 150 publications and 9 books on taxation and civil law issues. Valery Medvedev, Managing Partner, Gorodissky & Partners, commented: "It appears from our clients' enquiries that they are in the need to obtain consultations and professional advice relating not only to protection and enforcement of intellectual property rights but also to IP issues governed by taxes, labor, currency and commercial laws. Valery Narezhny having considerable experience and knowledge in these practices will no doubt enhance our team of lawyers and considerably enlarge the range of the firm's legal services"
  • HaoLiWen helps client resolve TP case with the customs

    HaoLiWen has advised a multinational client in a case of the customs challenge against import transfer pricing. Recently, this case was successfully closed. The customs has accepted the transfer pricing policies of the client.  The client has incurred no further import tax exposure, and the deposits put up with the customs for the shipments in question are to be refunded by the customs to the client.  
  • VEGAS LEX to support 2015 Jessup Moot Court Competition

    The VEGAS LEX law firm will support this year's Philip C. Jessup International Law Moot Court Competition, the largest and most prestigious law school competition, which will take place in Moscow from January 28 through February 1.
  • P+P Pöllath + Partners berät die Deutsche Bank und DN Capital bei Investitionen in Onlineportal Wi

    Der Onlinehändler Windeln.de hat seine bislang größte Finanzierungsrunde abgeschlossen. Mit einem Investitionsvolumen von insgesamt etwa EUR 45 Mio. beteiligten sich neben dem Hauptinvestor Goldman Sachs auch die bisherigen Geldgeber MCI Management, 360 Capital Partners, die Londoner Beteiligungsgesellschaft DN Capital sowie mehrere Deutsche Bank Fonds.