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Carey Olsen

47 ESPLANADE, ST HELIER, JE1 0BD, JERSEY
Tel:
Work 01534 888900
Fax:
Fax 01534 887744
Email:
Web:
www.careyolsen.com

Andreas Kistler

Tel:
Work 01534 822362
Email:
Carey Olsen

Work Department

Dispute Resolution and Litigation, Trusts and Private Wealth

Position

Andreas is a partner in Carey Olsen's trusts and private wealth and litigation teams. He specialises in the court-related aspects of the trusts and private wealth team's practice and has acted in numerous cases involving allegations of breach of trust, fraud and professional negligence, both for plaintiffs and defendants.  He also has experience of mediation of such disputes.

He is also regularly involved in applications by trustees for administrative directions, applications by trustees and beneficiaries for relief on grounds of mistake, applications for orders approving compromises of disputes on behalf of minor, unborn and unascertained beneficiaries and applications for rectification of trust instruments.

In addition, he practises all other aspects of Jersey commercial litigation, including disputes concerning investment funds and Jersey companies, contractual disputes and Jersey intellectual property rights.  

Career

Admitted as barrister and solicitor of the High Court of New Zealand 2003; Carey Olsen’s Jersey office 2005-07; Carey Olsen’s London office 2007-11; qualified England and Wales solicitor 2011; Carey Olsen’s Jersey office 2011; advocate of the Royal Court of Jersey 2013; partner 2013.

Education

University of Auckland (LLB(Hons) and BCom law and commerce).


Jersey

Dispute resolution

Within: Dispute resolution

Carey Olsen is ‘at the forefront of dispute resolution in Jersey’ thanks to its ‘enormously experienced and talented’ team. Known for his ‘great legal brain and silky advocacy’, John Kelleher spearheads the six-partner offering, which recently welcomed counsel Michael Goulbourn from First Names. The ‘authoritative, precise and clearWilliam Grace advised the United States government on Jersey law issues pertaining to the enforcement of a financial order in criminal proceedings; Jeremy Garrood is currently representing Investec as the senior secured creditor in enforcement and insolvency proceedings against the Jersey interest of a high-net-worth individual; and Marcus Pallot, who ‘has extremely good tactical awareness’, continues to act for Faircliff Property in the recovery of fraud losses. Other notable contacts include ‘excellent advocateRichard Holden, the ‘user-friendlyAndreas Kistler and Stephen Fitzgerald, who can ‘get to grips with an issue in a frighteningly short amount of time’.

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Private client, trusts and tax

Within: Leading individuals

Andreas Kistler - Carey Olsen

Within: Private client, trusts and tax

Carey Olsen fields a ‘strong team with a tight grip on the issues involved and always provides forward-thinking, practical solutions’; ‘the attitudes held by the firm and its practitioners are a comfort that any expectations of a high-quality service will be met’. The ‘professionalAndreas Kistler ‘goes the extra mile’ and represented the minor and unborn beneficiaries of two trusts in an application to the Royal Court for the widening of the class of beneficiaries to include same-sex marriages and adopted children; practice head Siobhan Riley is known for her ‘technical expertise and commerciality’ and oversaw the establishment of a private trust company for a high-net-worth individual wishing to maintain a high level of oversight. Also notable is ‘highly responsive and pragmatic’ counsel Victoria Connolly, who advised an asset management company on UK inheritance tax issues after the trustee followed incorrect counsel from their UK advisers. Also notable are Keith Dixon, Alexa Saunders and counsel Stephen Fitzgerald, who ‘is an excellent example of the quality of lawyers within the firm’.

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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: