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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

John Kelleher

Tel:
Work +44 (0)1534 822320 
Email:
Web:
www.careyolsen.com/people/john-kelleher
Carey Olsen

Work Department

Litigation commercial; public international law; property litigation.

Position

Partner and head of litigation at Carey Olsen, specialises in litigation and property work. His litigation specialisms include: public law and judicial review; law of contract; property law; planning law and general commercial litigation. He is a recognised leader in Jersey contract law and Jersey customary law. The many high-profile cases he has acted on include Les Pas Holding Limited v States of Jersey; J.P.M.O. and TOP Produce Ltd v States of Jersey; Anchor Trust v Jersey Financial Services Commission; and Jersey Financial Services Commission v Cater Allen Trust Co Ltd and others.

Career

Barrister, Middle Temple 1991; advocate of the Royal Court of Jersey 1994; partner in the firm 1995. Publications: John is a founding member of the Jersey Law Review and a regular contributor. In 2004 he wrote ‘Jersey and the United Kingdom: a choice of destiny’; October 2004 ‘Cause for consideration: whither the Jersey law of contract’. His long essay ‘The mysterious case of the ship abandoned off Sark in 1608: the customary law relating to choses gaives’ was published in a collection of essays by the University of Caen. ‘The Triumph of the Country: The Rural Community in Nineteenth Century Jersey’ (Jersey 1994); ‘The Effect of the ‘Fourniture et Garantie’ Clause in an Hereditary Contract’ (Jersey Law Review February 1997); ‘The Sources of Jersey Contract Law’ (Jersey Law Review, February 1999); ‘The Ten-day rule and article 52 of the Loi (1880) sur la propriété foncière’ (The Jersey Law Review, July 1997); co-author of chapter on Jersey in ‘International Tracing of Assets’ (FT Law & Tax, London 1997); co-author of chapter on ‘Jersey Offshore Financing: Security and Insolvency’ (FT Law & Tax); ‘Resolution and the Jersey Law of Contract’ (The Jersey Law Review, October 2000). Qualified mediator.

Languages

French.

Member

Founding member of the Jersey Law Review; external supervisor for a PhD student on the property law of Jersey; associate of the Chartered Institute of Arbitrators.

Education

De La Salle College, Jersey; University of Warwick (1984 BA Hons History; 1991 PhD); City of London University (1990 MA Law); Université de Caen (1993 Certificate d’Etudes Juridiques Françaises et Normandes).


Jersey

Dispute resolution

Within: Leading individuals

John Kelleher - Carey Olsen

Within: Dispute resolution

Carey Olsen’s disputes offering is a market leader in the field, regularly acting in some of Jersey’s largest contentious insolvency cases for funds, international companies, boards of directors and creditors, as well as receiving instructions from elite London law firms. Jeremy Garrood and Marcus Pallot are stand-out names in this field while practice head John Kelleher is noted for his commercial disputes expertise and William Grace  is sought-after by international financial institutions for financial services matters, including regulatory disputes. The firm has a solid offering for contentious trusts and is also well-placed to act on the growing field of shareholder disputes.

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Legal Developments in Jersey

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  • Enhanced Information for Cayman Entities

    The Cayman Islands Government has passed a number of amendment laws to strengthen Cayman's anti-money laundering and counter-financing of terrorism regime. The laws, published on 8 August 2019, are intended to help address certain recommended actions in Cayman's legislative framework identified by the Caribbean Financial Action Task Force in its evaluation report published in March 2019.
  • New Cayman Data Protection Law – A guide for Cayman funds

    The Cayman Islands Data Protection Law, 2017 ( DP Law ) is currently scheduled to come into effect on 30 September 2019.  Once commenced, it will enact a framework of rights and duties to regulate the processing of individuals' personal data broadly based on the same internationally recognised privacy principles that form the basis for other data protection laws globally.  The DP Law will regulate the processing of all personal data in the Cayman Islands and will affect any entity established in the Cayman Islands, including investment funds, that processes personal data regardless of whether such processing takes place within the Cayman Islands and regardless of whether the personal data relates to Cayman individuals.  For our full briefing see Cayman Islands Data Protection Law: An Ogier Client Guide .
  • Exempt bodies: Substance regulations may still apply

    The Income Tax (Substance Requirements)(Implementation) Regulations, 2018 as amended (the Substance Regulations ) came into force on 1 January 2019 and have recently been further updated by The Income Tax (Substance Requirements)(Implementation)(Amendment) Regulations, 2019 (the Amendment Regulations ), with effect from 1 August 2019.  The Amendment Regulations have extended the scope of the Substance Regulations to include all tax exempt bodies that have been granted an exemption under paragraphs (3) and (5) of Schedule 1 of the Income Tax (Exempt Bodies) (Guernsey) Ordinance, 1989 (as amended) (the Exempt Bodies Ordinance ).  In addition, the Amendment Regulations clarify the scope of the Substance Regulations in relation to IP Assets and High Risk IP Companies – the balance of this note focuses on the change in status of tax exempt bodies. 
  • Cayman Islands wills law heralds a more flexible approach

    The rules recognising the legal formality of wills in the Cayman Islands are prescriptive, requiring the will to be executed in writing, signed at the foot of the document by the testator and witnessed by two witnesses who formally attest the will in writing in the presence of the testator.
  • Luxembourg Government submits bill to Parliament implementing the EU Anti-Tax Avoidance Directive 2

    On 8 August 2019, the Luxembourg Government submitted a draft law to the Parliament (the Draft Law ) to implement the Council Directive (EU) 2017/952 of 29 May 2017 ( ATAD 2 or the Directive ) into Luxembourg domestic law.
  • Ogier fund finance team now offers Luxembourg legal advice from US time zone with return of Catharin

    Ogier's fund finance team now offers Luxembourg legal advice from a US time zone with the return of fund finance specialist Catharina von Finckenhagen to the Cayman Islands as a dual-qualified Luxembourg advocate and Cayman attorney.
  • Enhanced Information for Cayman Entities

    The Cayman Islands Government has passed a number of amendment laws to strengthen Cayman's anti-money laundering and counter-financing of terrorism regime. The laws, published on 8 August 2019, are intended to help address certain recommended actions in Cayman's legislative framework identified by the Caribbean Financial Action Task Force in its evaluation report published in March 2019.
  • Register of beneficial owners deadline approaching – are you ready?

    As of 1 March 2019, the Luxembourg law of 13 January 2019 (the Law ) creating a register of beneficial owners ( Registre des bénéficiaires effectifs or " RBE ") is in force.
  • Jersey substance proposals – the Banking and Finance perspective

    EU finance ministers have formally approved Jersey's economic substance legislation by removing the jurisdiction from the "grey list" on 12 March 2019 and the Privy Council granted formal approval to the Taxation (Companies - Economic Substance) (Jersey) Law 2019 (the Law) on 13 March 2019. The Law takes effect from 1 January 2019.
  • Ogier advises on $889 million acquisition of AIM traded payment services company by way of scheme of

    Ogier has advised Canadian payments technology company Nuvei Corporation on the US$889 million acquisition of AIM traded SafeCharge International Group Limited by means of a Court-sanctioned Guernsey scheme of arrangement.