The Legal 500

Isle of Man

Editorial

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Overview

Although the Isle of Man (IOM) has not been immune to global economic pressures, it enjoyed continuing M&A activity in 2012, and the benefits of the island as a jurisdiction for capital markets and corporate finance work endure.

The ongoing success of the island’s niche markets, including e-gaming and aviation, has meant an increase in the number of transactions being handled by its law firms, with the IOM Aircraft Register (operational since 2007) continuing to attract aircraft finance deals.

The IOM also remains an effective base for holding companies contemplating a listing on AIM or the main market, while recent island activity also includes several funds having to restructure to meet changing market conditions.

The island’s insurance and pensions sectors have also fared well notwithstanding the ongoing uncertainty in the world financial markets, and are an important contributor to the island’s broader financial services sector.

Of particular note in 2012, the Isle of Man Foundations Act came into force. This should enhance the island’s offering to high-net-worth individuals, especially those from jurisdictions where trusts are generally perceived to be of less appeal.

The volume of commercial litigation has also increased of late, with a particular focus on major corporate insolvency claims. Substantial proceedings for the island include the headline dispute between a number of IOM companies and the Alfa Group (Russia) concerning the ownership of the Kyrgyz cellular communications company Bitel; the case is the largest and most complex dispute ever to come before a Manx Court.

Appleby and Cains continue to hold top-tier rankings across numerous practice areas, with Simcocks and Dougherty Quinn the two firms following most closely on their heels.

Appleby is the only law firm with a presence in all three of the crown dependencies, while both Simcocks and Appleby have BVI-qualified lawyers resident on the island. Key market moves included Appleby’s John Melia relocating to the firm’s Hong Kong office.

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Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Home Office announces extension of support service for SMEs

    An online support service for small and medium sized businesses (SMEs) which need to recruit skilled overseas workers has been extended until 28 February 2014. The pilot was launched by UK Visas & Immigration (UKVI) in partnership with the Greater London Authority (GLA) and provides a step by step guide to sponsoring an overseas worker. This service is available via the GLA website.
  • Penningtons Manches' immigration team considers new changes to the Tier 4 Sponsor Guidance

    The Home Office has recently published new Tier 4 Sponsor Guidance, version 12/13. This guidance is to be used by all prospective and existing Tier 4 sponsors from 11 December 2013.
  • Finding the 
right words

    In the recent case of Newbury v Sun Microsystems [2013], the defendant argued that an offer to settle proceedings was ‘in principle' only and that a binding contract could not be formed until further terms had been agreed and a formal contract had been signed. It supported this argument by referring to a statement, in the offer letter, that the settlement was to be ‘recorded in a suitably worded agreement'. 

  • Behind the corporate veil: is that all there is?

    That companies have an existence entirely separate to that of their shareholders and directors is a foundational principle of English law and commerce.

  • Playing fair with penalty clauses

    It is often difficult to predict what will be recoverable as damages for breach of contract. To provide some certainty, parties will often seek to agree the sum that will be payable in the event of specified breaches. 

  • Restoring environmental damage: putting a price on ecosystem services

    On 7 August 2009 a 40-inch pipeline ruptured, spilling 5,400 cubic metres of crude oil into the soil and groundwater of La Crau nature reserve in southern France, a habitat protected under French and European law. The operator had to excavate and replace 60,000 tons of soil, install 70 wells to pump and treat groundwater and 25 pumps to skim oil from surface water, at a cost in the region of €50m. However, this was just the primary remediation (that is, restoring the site to the state it would have been if the damage had not occurred). The operator was also required to compensate for the damage to the habitats and the loss of the ecosystem services that would otherwise have been provided by La Crau nature reserve. Measures included purchasing land outside of the nature reserve and contributing to its management for a period of 30 years (over €1m), monitoring the water table for 20 years (over €500,000), monitoring fauna over three years (€150,000) and rehabilitation in accordance with best available ecological techniques (nearly €2m). Overall, the compensatory restoration (to compensate for the amount of time that the ecosystem was impacted) and complimentary restoration (to compensate for elements of the ecosystem that had been permanently lost) came to more than €6.5m. 

  • The role of arbitrators in EU antitrust law

    In May 2014, it will be ten years since Regulation No 1/2003 entered into force. When the legislator of the European Union adopted this Regulation on 16 December 2002, its main objective was to decentralise the enforcement of the two main provisions of EU antitrust law, Articles 81 and 82 of the Treaty establishing the European Community (now Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU)). Where do the arbitrators fit in this picture?

  • New Immigration Bill, October 2013: cause for concern or appeasing public sentiment?

    The year 2013 has seen a string of reforms to the immigration system by the current coalition government. On 10 October, the government published a Bill aimed at continuing its drive to reduce net migration figures. 

  • New Schengen EU Regulations: impact on short-stay visa visitors

    The publication on 26 June 2013 of the European Union Regulation EU 610/2013 modified the incumbent Regulation EU 562/2006 in relation to third country nationals (ie non-EU citizens) and those travelling on a short-stay visitor visa, as well as those who do not require a visa to enter the Schengen area, Romania, Croatia and Bulgaria. Exceptions include EU and EEA nationals travelling to other EU/EEA states within the Schengen area together with foreign nationals holding either long-stay or residence permits for their destination Schengen countries.

  • New revised guidelines for administrators in pre-pack sales

    Pre-pack sales by administrators are now used frequently enough for most people in business to be aware of them and many have come across them in their business lives. A small amount of controversy still attaches to pre-packs, but it is probably right to say that they are now an accepted part of the UK business scene as a useful means of rescuing a business in difficulty and preserving some or all of the jobs connected with the business.
    - Druces

Press Releases in the UK

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