2 MULCASTER STREET, ST HELIER, JE4 0US, JERSEY
- Tel:
- Work 01534 766254
- Fax:
- Fax 01534 737355
- Web:
- www.bakerandpartners.com
- Email:
Baker & Partners specialises in civil and commercial litigation, contentious trusts, financial services regulation, crime, international co-operation and asset recovery, insolvency, matrimonial and employment matters.
The firm: The firm was founded in 2003. Since that time it has achieved significant local and international recognition for its capabilities.
The world’s largest financial institutions and organisations such as the World Bank, the International Monetary Fund and the United Nations have instructed Baker & Partners. The firm has also acted for several governments in asset recovery cases with political and international dimensions as well as for multinational corporations and in civil and commercial matters.
Baker & Partners is a founding partner of a unique alliance with London chambers, 7 Bedford Row. The alliance was the first of its kind to gain the approval of the Bar Council.
Types of work undertaken: Contentious trusts: Baker & Partners frequently advises trust companies and beneficiaries on breach of trust actions, including issues involving professional trustees’ fees. Baker & Partners litigated and won the first case in Jersey to tax trustees’ costs. The firm also frequently advises on disclosure issues, administration of trusts and powers of trustees and on the enforceability of English judgments attacking Jersey trusts in confiscation proceedings and matrimonial litigation. In relation to trustees, Baker & Partners litigates and advises upon a significant number of trustee issues which may involve applications to court for directions on a range of diverse topics, including applications to set aside trusts for mistake, Hastings-Bass applications, confiscation orders, responses to beneficiaries’ requests for information and termination/distribution of trusts. Baker & Partners represented the successful settlor in the Re B case which changed the legal test for mistake to in Jersey law.
Civil and commercial litigation: Baker & Partners frequently handles large-scale disputes that range from shareholder actions through to banking, funds disputes and asset recovery, civil fraud and accessory liability claims including constructive trusts, breach of contract, professional negligence, matrimonial and construction claims.
International co-operation and asset recovery: Baker & Partners has been involved in many highly complex cases involving cross-border crime. These cases have included the most serious instances of political corruption, large-scale fraud, drug trafficking and money laundering. The firm has worked closely with most major common law and civil-based jurisdictions and have practical knowledge of how different jurisdictions operate. The firm is particularly well-placed to advise on how and when to approach jurisdictions for assistance, how to obtain information and how to develop that information into evidence for use at trial. Stephen Baker acted for the Attorney General of Jersey in successfully repatriating $160m to Nigeria, following the prosecution of General Abacha. Baker & Partners also regularly advises on civil fraud cases. The firm currently act for the Federal Republic of Brazil in a civil fraud action seeking to recover $22m.
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.
Regulation: Baker & Partners’ regulatory team is comprised of individuals who have extensive experience in delivering a wide range of regulatory services to industry; combining legal, accounting and commercial knowledge of financial services business. The firm has experience in drafting policies and procedures manuals covering key business processes, including AML/CFT, providing regulatory updates on a periodic basis, managing the regulator relationship: pre-empting the regulator’s agenda and dealing with regulatory enforcement actions, preparing for and managing the regulatory examination process, handling regulatory censure against firms and individuals and advising senior management and board members on corporate governance issues relating to financial services business.
Breakdown of work %
Trusts and commercial litigation 40
Financial services regulation 20
Financial crime 20
Asset recovery 20
Number of UK partners 3
Number of other UK fee-earners 9
Above material supplied by Baker & Partners.