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MIDLAND CHAMBERS, 2-10 LIBRARY PLACE, ST HELIER, JE1 2BP, JERSEY
Tel:
Work 01534 766254
Fax:
Fax 01534 737355
Email:
Web:
www.bakerandpartners.com

Baker & Partners is a specialist litigation and dispute resolution practice based in Jersey.

The firm: Baker & Partners was founded in 2003 and has grown to become one of the largest litigation-centric practices in Jersey. The firm has been at the forefront of some of the most complex and high-value litigation in Jersey. It takes the view that no legal problem is unsolvable. Every step it takes is directed to protect and advance its clients' interests. The firm's advice is always straightforward, objective and independent. It remains conflict-free by not operating an associated trust company or financial services business. Its lawyers have extensive practical experience in the courts of not only Jersey but also England and Wales. Their skills, both inside and outside the courtroom, allow Baker & Partners to achieve its clients' aims in an efficient and cost-effective way.

Types of work undertaken: Trust disputes: Baker & Partners acts for beneficiaries, trustees and other fiduciaries on a range of contentious trust matters including acting in long-running litigation relating to the administration of a substantial family charitable trust which resulted in orders for the removal of the corporate trustee. The firm currently acts for BNP Paribas Jersey Trust Corporation in Crociani v Crociani, one of the biggest trust disputes in Jersey in recent years. The firm acts for the plaintiff in a ¬£30m claim for breach of fiduciary duty of a former director of a Kenyan company and against a major Jersey financial services provider for its role in dishonestly assisting in a fraud that lasted over 30 years. The firm regularly advises and acts for trustees and beneficiaries in respect of breach of trust claims; asset tracing and constructive trust claims; trustee applications for directions; disputes over trust administration and the exercise of powers; and the removal and/or substitution of trustees.

Civil and commercial litigation: Baker & Partners has a leading reputation for resolving high-value, and often complex, civil and commercial disputes. The firm acts for local and international businesses, banks and financial institutions as well as consumers in a range of actions including shareholder disputes; banking litigation; civil fraud claims; breach of contract/covenant claims; injunctions and disclosure orders; conflict of laws and jurisdiction disputes and financial product mis-selling claims.

Fraud, asset tracing and recovery: Baker & Partners has unparalleled experience in bringing and defending major international fraud claims and asset recovery actions before the Jersey courts. The firm acts for foreign governments, NGOs, multinational corporations and private individuals in some of the most complex and high-value political corruption, forfeiture and judgment enforcement actions, including asset tracing claims; confiscation proceedings; freezing two injunctions; disclosure orders; search and seizure orders; civil fraud claims and fraudulent breach of trust claims. The firm has successfully acted in ground-breaking asset tracing litigation to secure US$23m for the Federal Republic of Brazil, and in separate litigation brought by the Republic of Mozambique to recover the proceeds of bribes.

Matrimonial: Baker & Partners is often involved in cases with cross-jurisdictional issues and advises families with complex financial portfolios and structures. The firm has extensive experience of advising clients with high-net-worth matrimonial assets and family trust structures. In the context of matrimonial disputes regarding family trusts, Baker & Partners has also advised trustees on contentious issues including allegations of sham trusts, disclosure, submission to the jurisdiction of the English High Court and enforceability of judgments from the English High Court and other foreign jurisdictions.

Regulatory: Baker & Partners' compliance, risk and regulatory specialists now provide significant commercial experience of Jersey's and other offshore financial services industries under one efficient offering alongside its legal capabilities. The firm is regularly instructed by regulators, financial institutions and private individuals to advise and act in an array of often highly complex and challenging situations.

  • Number of UK partners: 4
  • Number of other UK fee-earners: 12
  • Breakdown of work %
  • ‚Ä©
  • Trust disputes and litigation: 35
  • Civil and commercial litigation: 30
  • Fraud, asset tracing and recovery: 15
  • Crime: 10
  • Matrimonial: 5
  • Regulatory: 5

‚Ä©

Above material supplied by Baker & Partners.

Legal Developments by:
Baker & Partners

Legal Developments in Jersey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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    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.
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    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.
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