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Litigation boutique Baker & Partners is ‘very experienced, with a wealth of knowledge – its team is comprised of very good tactical thinkers’. The firm, which is ‘extremely responsive and a source of structured, well-thought-out and succinct advice’, handles the full gamut of disputes, including trust litigation, civil fraud, asset tracing, construction litigation, high-value matrimonial cases and professional regulatory matters. William Redgrave is leading a contingent from the firm representing BNP Paribas Jersey Trust in the high-profile Crociani v Crociani case, an intra-family dispute concerning a trust established in the Bahamas in 1987 which encountered several changes of professional trustee and governing law. Also in the contentious trust space, Simon Thomas and ‘diligent and very thorough’ senior associate James Sheedy represent a number of beneficiaries in a cross-border case which involved the court-ordered replacement of a rogue Panamanian trustee with a Jersey one. Fraud and asset tracing for the pair included acting for Kenyan car importer CMC Holding in a claim against a former director who allegedly diverted secret commissions from invoices to executives via Jersey bank accounts, and to two trust companies, which it claims acted as dishonest assistants. Advocate Charlie Sorensen is ‘very responsive, well-organised and sound, with an extensive knowledge of litigation matters’; he is representing the estate of a British businessman who was defrauded by his company’s former office manager while he was in a coma in Tokyo, in the Jersey aspects of a multi-jurisdictional case that also encompasses Turks and Caicos and Cayman Islands. Senior associate and family law specialist Kirsty Thomas is also recommended.

Standout firmBedell Cristin handles a range of trust litigation, often concerning fraud allegations. Anthony Robinson, who ‘has a great strategic mind’, represents the plaintiffs in the Crociani multi-jurisdictional trust dispute with more than $100m of assets at stake. Robert Gardner (‘very easy to get along with and very quick to pick up complex issues’) is acting for a high-net-worth Emirati individual in a claim against his ex-wife regarding the ownership of a Jersey company owning London real estate worth £10m. In the asset recovery case, Edward Drummond is acting for a fund sponsored by Harbour Litigation Funding, which is seeking to recover assets from a party to litigation that allegedly did not repay invested money. He also acted for Tatneft in freezing orders against a Ukrainian businessman concerning an alleged fraud. David Cadin is advising UBS on winding down a trust it manages with a number of beneficiaries subject to criminal investigation in other jurisdictions. Mark Taylor is ‘a big hitter – he is fabulous on his feet, has the ear of the court and is unflappable’. He handles significant professional negligence cases. Lisa Springate is singled out for her track record in estate disputes.

Carey Olsen’s ‘responsive, helpful and knowledgeable’ team covers the full spectrum of dispute resolution work ranging from professional regulation and public law through to trust disputes and civil fraud, however clients single it out as ‘extremely knowledgeable about trust and offshore matters’. Andreas Kistler uses ‘expert knowledge and commercial savvy’ to represent participants in a range of trust disputes, including the defendants in Morelli v Morelli, which concerns allegations of forgery relating to an estate subject to Monégasque law; and Rawlinson & Hunter as trustees subject to a request for confidential trust information by a court in Missouri for the purpose of matrimonial proceedings. Nicolas Journeaux, who ‘provides high-quality realistic advice and backs it up with powerful advocacy’, provides further trust litigation firepower. William Grace is ‘a highly competent practitioner in regulatory matters; he has excellent technical skills backed by years of practical experience’. He is representing the United States federal government in proceeds of crime matters concerning assets in Jersey. ‘Knowledgeable and commercial’ new partner Jeremy Garrood is representing the administrators of BHS on the Jersey law aspects of the retailer’s insolvency. Marcus Pallot, who also handles insolvency matters, is ‘a first-choice advocate when robust advocacy or negotiations are required’. Practice head John Kelleher is acting for the Law Society of Jersey in several public law and human rights cases concerning Jersey’s legal aid system, including a case brought by a man who was refused legal aid challenging the lawfulness of the current legal aid system and its compatibility with the European Convention on Human Rights (ECHR); and a challenge by the government to amended regulations. Kelleher’s work also includes competition law.

Mourant Ozannes provides ‘an excellent level of service: the team goes over and above to support clients and their businesses’. Jonathan Speck (whose ‘every pore oozes knowledge, experience and skill’) handles a range of work concerning the trust industry, including trust structuring and disclosure matters. In the commercial litigation space, Bruce Lincoln, who is ‘very easy to work with and is on top of the detail of his cases’, is representing Kuwait Oil Tanker Company in proceedings brought by it against a Kuwaiti national regarding the ownership of shares in a Jersey company: the claims relate to the beneficial ownership of a Jersey company holding assets in excess of £3m and whether the national held shares in that company on trust for the late former chairman and managing partner of the client, who was ordered by the High Court of England and Wales to pay the client a sum in excess of $135m for fraud and dishonest breaches of duty. He is also representing Galasys in a dispute concerning the removal of directors amid a deadlocked board. Justin Harvey-Hills has expertise in asset freezing and recovery matters – he and newly-promoted counsel Mathew Cook (‘a reliable member of the team who makes good and considered contributions’) represented Berge Larsen, a Norwegian national, in a challenge to a Tax Information Exchange Agreement request – Larsen argued that to transfer information to Norway following his criminal conviction in 2016 (largely based on assertions that Jersey was an inherently suspicious jurisdiction), an application had to be sent to the Judicial Committee of the Privy Council.

Appleby attracts praise for its ‘sound knowledge provided in a pragmatic way, and for its excellent level of service’. The firm’s heavyweight caseload often involves the role of local trust structures, often concerning cross-border allegations of fraud. Practice leader Fraser Robertson is noted for his ‘effective courtroom technique, commanding its respect in a measured way with the ability to change styles when needed’. He is representing the Nigerian federal government in Jersey’s first case under the Civil Asset Recovery (International Co-operation) Law, involving money held by a Jersey company with links to former Nigerian president Sani Abacha and his family. Both Robertson and office managing partner Michael Cushing handle significant trust litigation for both trustees and beneficiaries. Counsel Jared Dann (‘very responsive, with a good manner with clients’) acted alongside Robertson for a defendant in a fraud case concerning alleged breaches of fiduciary duty and trust breaches spanning three decades.

Collas Crillprovides a particularly efficient service, with a consistent point of contact’; ‘the firm’s extensive and experienced knowledgebase means advice is always accurate and well-informed’. Alongside the ultra-sensitive trust litigation that is frequent in offshore practices, the firm handles a mix cases involving directors’ duties and other commercial disputes. Nuno Santos-Costa is ‘excellent at putting complicated matters into plain English – he takes a concrete approach, focusing on the important aspects and not wasting time’. He and Elena Moran (who ‘has the ability to present complex legal arguments in a succinct and efficient manner’) is representing three defendants – including the settlor and one of the trust companies – in the Crociani case. Moran also successfully represented Tepe, a Turkish construction company, in enforcing an arbitral award arising from the termination of a contract to construct part of the Baku-Tbilisi-Ceyhan Pipeline. Damian James acted for several directors of Galasys (formerly an AIM-listed company) and its majority shareholder, on litigation concerning a dispute between the directors leaving the board unable to make decisions. Associate Lynne Calder joined from DLA Piper Scotland LLP.

Dickinson Gleeson is ‘an excellent niche Jersey litigation firm’ with ‘a team that packs a punch and is more than a match for anyone else in Jersey’. The firm’s practice covers a range of disputes including asset recovery, trust litigation, directors’ duties and shareholder disputes. James Dickinsonworks phenomenally hard for his clients and is a real bruiser in court’ – he and senior associate Guillaume Staal are representing an entrepreneur in a multi-jurisdictional asset recovery case concerning Jersey, Thailand and the British Virgin Islands. James Gleesoncombines a good understanding of Jersey and international law with very astute tactical awareness’ – he represented Global Gold Corporation in an unfair prejudice claim brought by minority shareholders, which ended by the striking out of an appeal to the Judicial Committee of the Privy Council. In the trusts space, Gleeson successfully represented a woman seeking information for use in matrimonial proceedings in Missouri from a Jersey trust via a letter of request as per the Hague Convention on Taking of Evidence Abroad. Craig Swart is acting for Rawlinson & Hunter Trustee on two Jersey trusts that are effectively insolvent.

A very professional organisation’, Ogier covers the full range of disputes work relevant to an offshore market. Nigel Sanders represented Hard Rock International in a Jersey law governed dispute concerning alleged mis-selling of a franchise to an ownership group in the Cayman Islands. Nick Williamsconsistently provides sensible and well-balanced advice on regulatory matters’ and trusts disputes. The ‘very impressiveEdward Mackereth advises on white-collar crime matters, trustee fiduciary duty claims and professional discipline matters. Newly-promoted counsel Nicola Roberts ‘can see the bigger picture very quickly and therefore implement and act with detail’.

Integrated and friendly, but still able to call on sufficient resources for heavy litigation’, BCR Lawprovides great technical expertise and a good level of service’ across a broad spectrum of commercial and other litigation, ranging from insolvencies and professional regulation to catastrophic injury cases, crime and family law. David Benest and Jeremy Heywood – ‘a rising star with a flair for advocacy’ – represented the appellant in Fogarty v St Martin’s Cottage, a Jersey Court of Appeal-level property dispute involving novel issues in Jersey customary law. Benest is, for some, ‘the finest and most authoritative litigator in personal injury in Jersey – his interpersonal skills are also excellent, making him a delight to work with’; he and Heywood represent both plaintiffs and defendants in catastrophic injury cases. Jean-Marie Renouf brings ‘a Rolls-Royce level of service’ in professional negligence and employment cases. Mark Renouf handles significant professional discipline, competition law and trust cases, including one concerning if assets placed in a Jersey foundation could be attacked by a claimant ex-spouse in Australian family law proceedings. Barbara Corbett (‘one of the best family practitioners on the island’) is drafting a report for the Jersey Law Commission concerning surrogacy.

Litigation boutique Oben Law was formed in 2016 when David Wilson, formerly of Lacey Advocates, joined Simon Franckel, formerly of FranckelLaw. The team ‘can work on the most complex of cases with relative ease’, typically involving matters concerning professional regulation and alleged fraud. Franckel, who is ‘pragmatic, highly responsive and well regarded among his peers’, is representing the foundation in the Crociani v Crociani trusts case. In the fraud space, Wilson, who is ‘tenacious and good at detail’, represented Dubai Investment Bank in a case concerning a Jersey trust, the contents of which were allegedly the proceeds of a fraud, for which two British nationals were sentenced to ten years imprisonment in the United Arab Emirates. The firm often acts for the Jersey Law Society in professional discipline cases, and is acting for a major Jersey law firm in a professional negligence case.

A small team with some very good litigators’, Walkers Jersey is ‘as responsive and efficient as any New York or London firm’, with expertise in a range of trust and insolvency matters. Paul Nicholls is ‘a sharp and hardworking case manager’ – he is representing Doraville Properties, a company which is alleged to have $300m of funds acquired from the state by the late President of Nigeria Sani Abacha, on the recovery efforts by both the Nigerian and American governments. Damian Evans ‘always has an excellent grasp of the facts, and has an amazing ability to know precisely where everything is in voluminous bundles’; he and Marc Seddon (who is ‘a strong lawyer who excels at client management and relations’) represented Fiduciana Trust Cyprus in a judicial review against the Jersey tax authorities regarding the compatibility of sending information to the Indian tax authorities. In the insolvency space, Nicholls and Seddon represented Orb, a Jersey company, in proceedings questioning whether a letter of request should be sent to the High Court in London for it to be put in to administration in England rather than go through the Jersey désastre process. Other clients include several Turkish state-owned companies, which sought to use state immunity to prevent the enforcement of an arbitral award, changing the Jersey law test for leave to appeal to the Judicial Committee of the Privy Council in the process.

Blakeley Legal’s Olaf Blakeley handles a range of work including professional regulation cases, insolvency, licensing, criminal law and representation of minor and unborn beneficiaries in trust cases. One matter of note is representing the ex-wife of a high-net-worth Emirati individual in a case concerning the ownership of companies which own property in London. Other clients include SWM Limited, which he represented in regulatory proceedings brought by the Jersey Financial Services Commission; and Viberts Jersey Lawyers, which he represented in a case regarding unpaid fees for legal work in a matrimonial case.

Hatstone Lawyers is ‘excellent; it combines legal knowledge, experience, communication skills, empathy and fighting spirit’. Stephen Wauchope is ‘very personable and fair – he is willing to stand up and fight back for clients if their rights are not being fairly considered’. He successfully lifted the saisie judiciaire (a type of freezing order) from half of a matrimonial home of a woman whose husband was under investigation for alleged money laundering, enabling the home to be sold. Hannes Botha regularly handles cross-border litigation. Mike Preston left to found Preston Legal.

Lacey Advocates is ‘an extremely professional and responsive, no-nonsense firm’ that ‘achieves more for its clients than its rivals because of its pragmatism and ability to see the big picture – it gets long-term results’. The firm has been representing the States of Jersey in the Independent Jersey Care Inquiry, which concerns allegations of widespread child sex abuse at childrens’ homes – this work was spearheaded by the ‘pragmatic, understandable and extremely knowledgeableBeverley Lacey. She also regularly acts for the Jersey Financial Services Commission in regulatory proceedings, often with Eloise Layzell and Michelle Cabot, who are ‘highly competent lawyers with an eye for detail’. Trust litigation is handled by Lacey and David Banks, who adds expertise as the former director of securities at the Jersey Financial Services Commission. David Wilson is now at Oben Law.

Sinels is ‘forthright and pugnacious – the firm thinks around problems, coming up with innovative and creative answers’. It represents individuals and local businesses in various contentious matters, including family law, breach of trust claims and professional regulatory cases. Philip Sinel is ‘tenacious and a strategic thinker; he remains good-humoured with clients in the face of adversity’. Sinel represented an ophthalmologist in a complaint to the States of Jersey Complaints Board regarding the revocation of an offer of employment by the States Employment Board, and the same client in a related breach of contract claim. In the banking space, the firm represents a hospitality company which claimed that its bank mis-sold it an interest rate swap. Senior associate Steven Chiddicks is ‘an up-and-coming advocate with a very strong work ethic and a keen eye for detail’ – his work includes representing minor beneficiaries in Beddoe applications.

Viberts Jersey Lawyers’ Christina Hall has a diverse practice, including child law and prosecuting criminal cases as a Crown Advocate, in addition to some defence work, including criminal appeals. She acted for the defendants in Fogarty v St Martin’s Cottage, a case concerning customary Jersey law issues of encroachment.

At Voisin, English law qualified solicitor Dexter Flynn and Ashley Hoy are representing Volaw Trust & Corporate Services in a case regarding the Taxation (Exchange of Information with Third Countries) Jersey Regulations 2008; the Norwegian government are seeking information on Berge Larsen, a Norwegian client of Volaw, for use in criminal proceedings – a case with is due to be considered by the Judicial Committee of the Privy Council. Flynn also advises LV Group on a dispute following the closure of the Cheval Roc nursing home due to a landslip. Other mandates concern construction disputes, professional negligence, personal injury cases and divorces.

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Legal Developments in Jersey for Dispute resolution

  • Modified Universalism - The Guernsey Perspective

    The Royal Court has recently given clear guidance on the application of the principle of modified universalism to insolvency matters in Guernsey. The case of EFG Private Bank (Channel Islands) Ltd v. BC Capital Group (in liquidation) & Ors [34/2013] will have significant consequences for crossborder insolvencies with a Guernsey element, as it sets out for the first time the principles which the Royal Court should consider when assessing the nature and extent of its obligation to provide "active assistance" to foreign insolvency proceedings.
    - Carey Olsen

Legal Developments in Jersey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Modernisation of Jersey’s pensions law

    Modernisation of Jersey’s pensions law
  • Jersey Opens the door to QROP’s

    Jersey opens the door to QROPs
  • Jersey Legislation Overview

    Jersey Legislation Overview
  • Civil Liability for Breaches of the Codes

    Civil Liability for Breaches of the Codes
  • AML Update: Review of 2014 amendments to the substantive offences

    AML Update: Review of 2014 amendments to the substantive offences under the Proceeds of Crime (Jersey) Law 1999 
  • The New Charities Law - a bright new dawn

    As of Friday 21 November 2014, the new Charities (Jersey) Law 2014 (the " Law ") (or at least certain parts of it) came into effect.  This represents a quantum leap forward for Jersey in the charity field.  The Law has introduced a new test for what is charitable (the " Charity Test "), has introduced the post of a Charity Commissioner and a Charity Tribunal, and in time will introduce standards that those who run charities in the Island will have to abide by.  It is hoped that the Law will enable the Island to flourish as a centre for the administration of charitable and philanthropic structures.
  • New Managed Account Regime for Jersey Hedge Fund Managers

    An exemption which will enable Jersey-regulated fund managers to be appointed in relation to managed accounts has now been introduced.  This will enable hedge fund managers that are already regulated under the Financial Services (Jersey) Law (FS Law) in Jersey to carry out fund services business (FSB) to also service qualifying segregated managed accounts (QSMAs) without the need to seek additional regulation for the conduct of investment business under the FS Law.
  • The Security Interests (Jersey) Law 2012: Changes to Jersey's security regime

    On 2 January 2014, the Security Interests (Jersey) Law 2012 came into force in respect of Jersey law security over intangible movable property (e.g. shares/securities, bank accounts and custody assets).  The new law replaces the Security Interests (Jersey) Law 1983 (which was in force for the last three decades) and introduces a number of important changes which modernise Jersey's security regime.
  • Exclusive and Inherent Jurisdictions: to boldly go where no Court has gone before?

    On 26 November 2014, the Privy Council delivered judgment in the long-running case of Crociani & Others v. Crociani & Others [2014] UKPC 40 .  The case is of interest to trustees because it provides conclusive and binding guidance on the treatment of exclusive jurisdiction clauses in trust deeds.  However, it also raises questions as to the fundamental nature of the inherent supervisory jurisdiction of the Royal Court in connection with trust matters, and whether it is in fact broader than previously thought.
  • Accessing EU Institutional investor capital

    Luxembourg is one of the largest global investment fund domiciles, benefiting from the following factors:

Press Releases in Jersey

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