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Jersey: Dispute resolution
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Bois Bois - Dickinson Gleeson Advocates
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Hanson Renouf - Sinels
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Voisin
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FranckelLaw
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Appleby is ‘respected both locally and internationally’. The practice has particular expertise in trust litigation, and has seen an increase in regulatory matters. It appeared in the Royal Court in a case challenging the exercise of the trustee’s powers. Practice head Fraser Robertson is ‘forceful in argument’, and Michael Cushing ‘has his clients ’ trust’. David Benest and Gillian Robinson are key contacts.
Bedell Cristin Anthony Robinson is ‘an impressive courtroom advocate’. Lisa Springate advised the plaintiffs in Re the Valetta Trust, a breach of trust claim. Mark Taylor and David Cadin are highly rated.
Carey Olsen defended Mr Bhojwani in the largest money laundering prosecution ever in Jersey. John Kelleher is group head; Nicolas Journeaux is ‘a master strategist’; Robert MacRae is ‘bright and engaging’; and Marcus Pallot is ‘extremely knowledgeable about insolvency law’. William Grace ‘leaves no stone unturned’.
Mourant Ozannes’ Jonathan Speck is ‘a formidable lawyer’, and Bruce Lincoln has ‘a fine intellect’. The practice is known for its contentious trusts work, but also specialises in regulatory litigation, through Beverley Lacey (the primary legal adviser to the Jersey Financial Services Commission), and in banking litigation, through Mark Temple. - Justin Harvey-Hills is ‘trusted by the court’.
Ogier successfully acted in a significant decision on what constitutes a company being an organ of the state such that its assets are rendered available to the state’s creditors. Edward Mackereth is department head, and Nigel Sanders and Matthew Thompson are also recommended. Kerry Lawrence stepped down as a partner, but remains a part-time consultant.
In addition its criminal litigation practice, Baker & Partners handles commercial and trust disputes. The team recently advised the plaintiffs in a civil fraud action and constructive trust/restitutionary claim. David Wilson , Cyril Whelan, William Redgrave and Stephen Baker are ‘outstanding lawyers’. Emma Jordan joined Lawrence Graham LLP.
Collas Crill advised the executor of a complex estate that is within the jurisdiction of the Royal Court. Department head Nuno Santos-Costa is ‘one of the best court performers in Jersey’; Damian James has ‘a no-nonsense, commercial approach to litigation’; Dan Boxall is ‘highly organised and energetic’; and Kathryn Purkis is also a key contact.
Walkers is regularly instructed to act in international, insolvency, regulatory, and trust matters, and disputes involving distressed funds. The practice advised an FA Premier League football club in obtaining injunctions against the club’s former chairman and entities connected to him. Litigation head David Steenson and Paul Nicholls are recommended.
At Bois Bois, Simon Young deals with commercial and trust disputes, with an emphasis on fraud and asset tracing claims.
Dickinson Gleeson Advocates is recommended for trust and commercial litigation. James Dickinson and James Gleeson each represented two of the executors of the Jersey estate of a Chinese billionaire in proceedings concerning a substantial asset forming part of the estate. Dickinson ‘identifies the relevant legal principles quickly’, and Gleeson ‘possesses a formidable intellect’.
At Hanson Renouf, Timothy Hanson advised multiple plaintiffs in a multi-party action concerning the mis-selling of investments. He is also noted for trust litigation, which remains one of Mark Renouf’s busiest fields. Renouf is also well regarded for cross-border insolvency work.
Sinels was instructed in relation to claims pursuant to guarantees held against an insolvent estate. Principal Philip Sinel is ‘indefatigable’, and litigation head Richard Wakeham is ‘fast to react’.
Voisin is experienced in large-scale commercial and trust litigation. The practice successfully represented SO Holdings in an insolvency that resulted in a landmark decision of the Jersey Court of Appeal. Michael Preston and Ashley Hoy are key contacts. Dexter Flynn’s ‘advice is of the highest standard’.
Blakeley Legal represented Izodia in a successful claim for monies stolen from an account. Olaf Blakeley is the principal contact.
Viberts Jersey Lawyers’ Christina Hall acted as lead lawyer in a multimillion-pound trust dispute. Christopher Scholefield is also well regarded.
Niche firm FranckelLaw is experienced in trust disputes and regulatory investigations.
Search News and Articles
Press releases
Legal Developments in Jersey for Dispute resolution
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Yung Kee – an offshore perspective: the winding up of BVI and Cayman Islands companies in Hong Kon
This briefing discusses the recent Hong Kong Court of First Instance cases of Li Jianguo v Wei Wei and Pacific Overseas Investment, Yung Kee Holdings and in Pioneer Iron and Steel. It examines some of the potential difficulties facing litigants pursuing winding up petitions or actions for relief from unfair prejudice against BVI and Cayman companies in their home jurisdictions and the potential benefits in taking steps in the BVI and Cayman courts. Read more...- Mourant Ozannes
Legal Developments in Jersey
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Jersey Royal Court considers measure of damages for dilapidations claims
In the absence of any statutory provision in Jersey addressing how dilapidations claims are to be quantified, the Royal Court's decision in JSSL v Barclays has provided some much needed guidance, particularly in circumstances where there is an acceptance that works to redress dilapidations have not been and will not be carried out.- Ogier -
English Supreme Court rules on Mistake and Hastings Bass
On 9 May 2013 the English Supreme Court handed down a unanimous judgment on the seminal cases of Pitt-v- Holt and Futter -v- Futter , with Lord Walker's valedictory judgment conclusively resolving the English position on the rule in Hastings Bass and rescission on the ground of mistake.- Ogier -
Protectors - role and duties
In the Matter of the Representation of C, D, E and F and In the Matter of the A and B Trusts [2012] JRC 169A, in a judgment released at the end of April, the Royal Court of Jersey has provided welcome guidance as to the scope of the duties of a trust protector and the circumstances under which they may be removed by the court. -
Review of Financial Advice (RFA) – "Jersey RDR"
An overview of the Review of Financial Advice and what businesses should do to prepare themselves before January 2014. -
In the Matter of the Representation of A Limited and in the Matter of the F Foundation [2013] JRC 07
In the first case of its kind, the Royal Court gave directions to the qualified member of a foundation's council and had to give full consideration to the law applicable to a Jersey foundation, the Foundations (Jersey) Law 2009. In giving directions, the Court's view appears to have been that a foundation is closer in nature to a company than it is to a trust, albeit that, unlike the position with a company, the council members of a foundation can take advantage of the wide-ranging jurisdiction of the Court to give directions and to bless momentous decisions. -
Royal Court Clarifies the Law Relating to the Removal of Protectors
The Royal Court of the Island of Jersey has recently provided some welcome clarification as to the principles that will govern the exercise of its jurisdiction to remove a protector from office. Whilst the Court has exercised this jurisdiction on previous occasions, In the Matter of the A Trust is the first case in which it has been confirmed that the principles to be applied are the same as are currently applied to the removal of trustees from office. Read more... -
Yung Kee – an offshore perspective: the winding up of BVI and Cayman Islands companies in Hong Kon
This briefing discusses the recent Hong Kong Court of First Instance cases of Li Jianguo v Wei Wei and Pacific Overseas Investment, Yung Kee Holdings and in Pioneer Iron and Steel. It examines some of the potential difficulties facing litigants pursuing winding up petitions or actions for relief from unfair prejudice against BVI and Cayman companies in their home jurisdictions and the potential benefits in taking steps in the BVI and Cayman courts. Read more... -
Whirlwind of activity: Jersey employment law consultations and tribunal review
Since the autumn of 2012 there has been a whirlwind of activity in the Jersey employment law sphere -
Tracing - Still on a new path
At the end of last year Jersey's Royal Court delivered a landmark judgment concerning the circumstances in which proprietary claims may be established and when assets may be traced.- Ogier -
Funds Quarterly Legal and Regulatory Update
Period covered: 31 December 2012 to 31 March 2013- Ogier
Press Releases in Jersey
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Carey Olsen advises Silverfleet Capital on £50 million Ipes buyout
Carey Olsen has provided Channel Islands-specific corporate and regulatory advice to Silverfleet Capital in its £50 million buyout of leading fund administration and private equity specialists, Ipes, from RJD Partners. -
Bedell Cristin Partner shortlisted as 'Best in Offshore' at Europe Women in Business Law Awards
Bedell Cristin Partner, Lisa Springate has been shortlisted for the 'Best in Offshore' in the Europe Women in Business Law Awards organised by the Euromoney Legal Media Group. -
Cross-border insolvency and the Golden Thread - the latest case and its appeal
The Golden Thread has been referred to in several recent cases, including by the English Supreme Court in the well known case of Rubin v. Eurofinance SA; New Cap Reinsurance Corp Limited v. Grant [2012] UK SC 46. This case examined the effect of enforcement of foreign insolvency avoidance procedures on liabilities of home-based defendants and turned on whether they had submitted to the foreign court proceedings or insolvency process. -
Bedell Cristin advises RBS on £130 million loan facilities
Bedell Cristin acted, with DLA Piper UK LLP's Birmingham office, for The Royal Bank of Scotland plc in connection with facilities of £130 million made available to an acquisition vehicle established by Extra MSA Group to acquire M40 Oxford and M3 Fleet and seven other motorway service areas (MSAs) across the United Kingdom from Serena Properties (in Administration). -
Carey Olsen advises on sale of Ardel Fund Services to JTC Group
Offshore legal specialists Carey Olsen have advised Ardel Holdings Limited on the sale of Ardel Fund Services Limited (AFSL), one of Guernsey's premier third-party fund administration providers, to the JTC Group, a multi-jurisdictional, independent, provider of trust, corporate and fund services. -
Carey Olsen advises on Vets4Pets acquisition
A cross-practice team from Carey Olsen have advised UK retail and veterinary company Pets at Home Limited on its acquisition of Vets4Pets, a Guernsey-based veterinary business. -
Law Via the Internet (LVI) Conference to be held in Jersey in September 2013
Bedell Partner David Cadin will be chairing one of the sessions as a confirmed speaker at the prestigious Law Via the Internet (LVI) conference to be held in Jersey this September -
Is your pension scheme compliant with the requirements for QROPS?
It is important that Jersey pension schemes which receive transfers from UK pension schemes or other Qualifying Recognised Overseas Pension Schemes ("QROPS") comply with the requirements in the UK. -
Bedell Cristin assists with AIFMD implementation in Jersey
Bedell Cristin has seconded Caroline McGrath , one of our funds lawyers, to the Jersey Financial Services Commission (JFSC) to assist with the implementation in Jersey of the applicable provisions of the Alternative Investment Fund Managers Directive (AIFMD). -
The Frontiers of Discovery
Litigation Partner, David Cadin, and Associate, Dina El-Gazzar, recently obtained orders from the Master of the Royal Court which extended the boundaries of discovery in Jersey.