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WALKERS

PO BOX 72,WALKER HOUSE, 28-34 HILL STREET, ST HELIER, JE4 8PN, JERSEY
Tel:
Work 01534 700 700
Fax:
Fax 01534 700 800
Email:
Web:
www.walkersglobal.com
Dubai, Dublin, Grand Cayman, Hamilton, Hong Kong, London and 4 more

Damian Evans

Tel:
Work +44 (0) 1534 700 714
Email:
Walkers

Work Department

Insolvency and Dispute Resolution

Position

Damian Evans joined Walkers' Jersey office in December 2014 where he is an Advocate and partner in the Commercial Litigation & Dispute Resolution, Insolvency and Trust Disputes Groups. Damian specialises in contentious and non-contentious trust disputes and regularly advises trustees, beneficiaries and protectors on all matters of Jersey trust law. Damian appears before the Royal Court of Jersey on a regular basis.

Career

After his admission to the Bar of England & Wales in 2000, Damian completed pupillage at 3 Pump Court, London. Prior to joining Walkers, Damian practiced for 12 years within the litigation and international trust and private client practice groups at Mourant Ozannes, Jersey.

Member

Middle Temple; Jersey Law Society; The Association of Restructuring and Insolvency Experts (ARIES) a member of Insol; ACTAPS: Association of Contentious Trust and Probate Specialists

Education

Victoria College, Jersey; University of Bristol; Nottingham Law School | ADMITTED IN: England & Wales (non-practicing); Jersey


Jersey

Dispute resolution

Within: Leading individuals

Damian Evans - Walkers Jersey

Within: Dispute resolution

Walkers Jersey's Damian Evans is ‘extremely intelligent, brilliant in court, unfailingly practical and results-driven’. He co-heads the practice with Marc Seddon, who is currently advising RBC as the trustee of five charitable sub-trusts on litigation involving the rights of a beneficiary of a charitable trust to institute collateral proceedings in Jersey and abroad, and the recoverability of legal costs in administrative and hostile proceedings. Other notable work highlights included being appointed by the Royal Court to represent the minor and unborn beneficiaries of a number of trusts in the context of its transfer of over €1bn of assets held in Jersey to a foreign government, and being instructed by Simmons & Simmons to challenge the enforcement of arbitration awards made against companies owned by the Turkish state. Senior associates James Turnbull and Fritha Ford are also key contacts within the team.

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Private client, trusts and tax

Within: Private client, trusts and tax

Walkers Jersey senior counsel Robert Dobbyn is described as ‘a definite rising star in Jersey’; ‘his advice is always appropriate and exactly what clients are looking for’. Damian Evans spearheads the firm’s trust disputes team and recently represented the interests of the minor and unborn beneficiaries of a number of trusts with regard to the transfer of assets to a foreign government. Other notable contentious highlights include Marc Seddon’s ongoing advice to the trustee of five charitable sub-trusts with regard to longstanding litigation involving questions about the recoverability of legal costs in administrative and hostile proceedings and the rights of charitable trust beneficiaries to obtain disclosure from a trustee to instigate collateral proceedings. On the advisory side, Nigel Weston assisted an ultra-high-net-worth family with setting up a new trust to hold real estate and listed investments with significant reserved powers provisions and other oversight mechanisms.

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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: