Appleby > St Peter Port, Guernsey > Firm Profile

Appleby
Hirzel Court
Hirzel Street
ST PETER PORT
GY1 3 BN
Guernsey

Guernsey > Banking and finance Tier 2

Appleby’s banking and finance team has a core focus on fund financing, under the leadership of practice head Jeremy Berchem, who represents a roster of UK and international lenders and borrowers. Berchem recently acted for UK-based REITs on novel multibillion-pound green bond issuances. Other key individuals are Stuart Tyler, Chet Pohl and senior associate Nicole Sorbie, who advise clients on revolving credit facilities, credit reorganisations and acquisition finance transactions. Regulatory advice relating to subscription line finance is also a strong point, as is aviation finance.

Practice head(s):

Jeremy Berchem

Testimonials

‘Jeremy Bercham and Nicole Sorbie are approachable and easy to work with.’

‘Appleby stand out for their market knowledge, technical excellence and consistent delivery.’

‘The team are extremely capable, organised and calm under pressure. They are able to provide succinct and informed guidance through the most complex documentation and take full ownership of the process.’

‘Appleby runs an effective, partner-led team, with a strong bench of associates, Their offering is technically strong, but with a pragmatic commercial slant to their advice, which is exactly what you want from offshore counsel. They are responsive and easy to deal with.’

‘Nicole Sorbie is a strong pair of hand who can be relied on to deliver to timescales.’

‘Jeremy Berchem has a wealth of experience and knowledge in the sector; he is well known to clients and counterparties alike and is very good to work with.’

‘Both Nicole Sorbie and Jeremy Berchem are responsive, organised and are happy to take the time to explain matters in clear understandable language.’

Key clients

Bank Julius Baer

Bank of America Merrill Lynch

Deutsche Bank

Goldacre Ventures Limited

HSBC Group

Investec Group

Lineage Logistics Holdings LLC

Lloyds Banking Group

LondonMetric Property Plc

PraxisIFM Group

Silicon Valley Bank

Société Générale

The Royal Bank of Scotland Group

Wells Fargo

Work highlights

  • Instructed in each of Guernsey, Jersey and the Isle of Man to advise five banks (HSBC, Barclays, Lloyds, Santander and RBS) on the implementation of a guarantee scheme to be introduced by the governments of each jurisdiction to support lending during the initial stages of the COVID 19 pandemic.
  • Acting for Silicon Valley Bank in connection with funds finance transactions, including 10 transactions during 2020 with a combined deal value in excess of £550m.
  • Engaged by Tritax Big Box REIT (Tritax) to advise on the offshore elements of the £1.5bn  first sterling green bond issuance by a UK REIT.

Guernsey > Corporate and M&A Tier 2

Appleby's corporate practice is active in the insurance M&A field, with 'outstanding' team head Stuart Tyler deploying his 'immense technical ability' on numerous headline deals with substantial considerable regulatory elements. Also in the regulated sectors, Chet Pohl and Jeremy Berchem work closely with other firm verticals to execute high-value reorganisations in the financial services and funds sectors. Tyler recently advised on pension service provider acquisitions and a unique acquisition of a yacht management company which involved complex onboarding processes.

Practice head(s):

Stuart Tyler

Other key lawyers:

Testimonials

‘The Appleby team in Guernsey are very strong and have a huge amount of commerciality behind their approach. Our relationship with Appleby is entirely based on the people involved, and Stuart Tyler very ably leads the team and has many years of experience. He is highly responsive and easily able to resolve issues which can sometimes threaten to derail M&A activity. He is our lawyer of choice for any M&A work where there is any complexity at all. We also find them to be good value for the work that they deliver.’

‘Stuart Tyler is an outstanding individual. We value his resourcefulness, his incredible knowledge base of both Guernsey and UK company law and the pragmatic approach he takes to transactions which reflect a great deal of maturity and skill. We have used Stuart for about a dozen M&A transactions on client entities and he has always succeeded in creating outstanding results for our clients.’

‘A global practice with strong individual practitioners.’

‘Stuart Tyler is a very seasoned advocate at Appleby with a wealth of knowledge and intellect that is at the top of Guernsey.’

‘Every time I have instructed this team, I have received prompt, tailored and good-quality advice. Their fees are well pitched taking account the industry norm and are transparent.’

‘Stuart Tyler is an outstanding lawyer of immense technical ability who combines his exceptional knowledge with intelligent and solution-focused thinking. I find him very user friendly: he thinks carefully about the client and our specific needs and provides solution-orientated advice. It is a pleasure to deal with him.’

‘Stuart Tyler is incredibly knowledgeable, stands head and shoulders over his peers with good considered accurate advice and always works hard to make himself available.’

Key clients

Aon Group PLC

Aquitaine Holdings Limited

BOW Trustees

City & Commercial Insurance PCC Limited

Equiom Group

HSBC Group

Intact Financial Corporation

Imperium Trust Limited

Oak Trust Group

Pensioneer Trustee Company (Guernsey) Limited

PTC Holdings Limited

Quay Partners Limited

Noe Group

PraxisIFM Group

Sovereign Group Limited

Trireme Pension Services (Guernsey) Limited

Willis Towers Watson

Work highlights

  • Acted as lead counsel to the disposing company and shareholders of Aquitaine Holdings Limited on the sale of the share capital of the company’s licensees to Sovereign Wealth Partners IV LLP.
  • Acted as sole Guernsey counsel on local aspects of the $80bn merger between Aon and Willis Towers Watson.
  • Acted as sole Guernsey counsel on the £3bn acquisition by Intact of RSA, the UK insurance group formerly known as Royal Sun Alliance.

Guernsey > Dispute resolution Tier 2

For Appleby's dispute resolution practice, insolvencies in the retail and property sectors are an ongoing focus, with the 'excellent litigatorAnthony Williams handling successful winding-up orders across the Channel Islands. The team benefits from the 'preeminent data protection lawyerRichard Field’s regulatory expertise for data protection matters including breach situations; he also leads on AML actions and financial misconduct proceedings. The practice frequently acts on trustee-side trust litigation, and similarly, represents estate executors in disputes concerning the administration of high-value properties and other assets.

Practice head(s):

Anthony Williams

Other key lawyers:

Testimonials

‘The team at Appleby are responsive and knowledgeable and have supported our business in a number of areas and so have a good understanding of the issues that we face.’

‘Anthony Williams: excellent litigator; very experienced and very capable

‘Richard Field: very good litigator.’

‘Appleby seem to be making strides in terms of growing their business and expertise in the litigation sector. They seem hungry to impress and have been very eager to demonstrate their quality and industry knowledge.’

‘Richard Field remains the Island’s eminent data protection lawyer and is very much our go-to guy for any data protection related issues. He works very closely with the regulator and is incredibly diligent in keeping up to date with developments.’

‘Strong litigation team with expertise and a friendly style. Very approachable and easy to work with.’

‘Anthony Williams is excellent.’

Key clients

Aareal Bank AG

Achernar Assets AG

Aurigny

CBW

Deloitte LLP

Duff & Phelps

Ernst & Young

FRP Trading Limited

Geneva Trust Company

Grant Thornton

HSBC Group

Intertrust Group

Northern Trust

Oak Group

Pavel Erochkine

Peters & Peters

PraxisIFM Group

Standard Chartered Trust

Standard Bank Group

Standard Chartered Bank

Work highlights

  • Advising Aareal Bank in Germany in connection with the enforcement of a substantial debt owing by the JJW Hotel Group for €150m.
  • Instructed by the joint administrators of the Arcadia Group, Deloitte, to seek a court order in the Royal Court of Guernsey recognising their appointment by the English High Court.
  • Instructed to advise the former trustee of the Tchenguiz Discretionary Trust on all aspects of the Guernsey litigation.

Guernsey > Employment Tier 2

Appleby operates a pan-Channel Islands employment practice under the leadership of the 'extremely approachable, friendly, knowledgeable and transparent' Richard Sheldon, making it a go-to name for large-scale corporates with a multijurisdictional presence. Contentious senior exits, staff reorganisations resulting from company administrations, and constructive dismissal claims are also frequently handled. New instructions were received from financial services, retail, professional services and aviation clients. The group also advises on issues relating to employee data, including access requests and GDPR mandates.

Practice head(s):

Richard Sheldon

Testimonials

‘I have recently worked with Richard Sheldon in the employment law team who was recommended to me by another lawyer from another firm which speaks volumes. The attention to detail in the document I was having reviewed was very impressive and I reached a better conclusion because of it. Richard was extremely approachable, friendly, knowledgeable and transparent. I would have no hesitation in recommending him to others.’

‘Richard Sheldon is practical, thoughtful and, without fail, quickly grasps the issues involved.’

‘Richard Sheldon is an expert in his field – he listens to issues and not only provides legal advice but also how to put this into practice.’

‘Richard Sheldon has a calm and clear approach to questions – he applies suitable terminology and examples to cover questions ensuring his client understands the guidance provided.’

‘Quality advice given – proactive and knowledgeable.’

‘Richard Sheldon is a standout in this area.’

Key clients

Aurigny

Canaccord Genuity Wealth

CMS Cameron McKenna Nabarro Olswang

Deloitte LLP (Arcadia administration)

Eversheds Sutherland

FRP Trading Limited (Accessorize / Monsoon administration)

Grant Thornton

HSBC Group

International Energy Group Limited

PraxisIFM

Sanne Group

Work highlights

  • Advised Deloitte on the employment aspects of the administration of the Arcadia Group across the Crown Dependencies.
  • Instructed by Aurigny to defend a constructive dismissal claim.

Jersey > Banking and finance Tier 2

Fund financing is central to Appleby’s banking and finance practice, alongside real estate and acquisition finance. James Gaudin and Daniel Healy (who was promoted to the senior associate ranks alongside Kevin McQuillan) act as lead counsel for a high volume of local lenders, whereas practice head Andrew Weaver maintains a healthy borrower-side practice. Christophe Kalinauckas, who recently joined from Walkers, advises on financing arrangements for prime London real estate assets.

Practice head(s):

Andrew Weaver

Testimonials

‘Keen to develop relationships.’

‘Very responsive.’

Key clients

TDR Capital

OakNorth Bank plc

Tritax Big Box REIT plc

Ashby Capital LLP

UK Branch of Abu Dhabi Islamic Bank PJSC

Dandara

HSBC

DekaBank Deutsche Girozentrale

Barclays

Santander

The Prudential Insurance Company of America

Work highlights

  • Advised TDR Capital LLP, Mohsin Issa and Zuber Issa on their funding arrangements to enable the acquisition of the Asda Group from Walmart, in a deal valued at approximately £6.8bn.
  • Advised a private equity firm on its funding arrangements in connection with its £647m acquisition of a FTSE 350 company.
  • Advising The Prudential Insurance Company of America on over £235m worth of facilities on (i) a logistics portfolio and (ii) a multi-use portfolio.

Jersey > Capital markets Tier 2

Appleby's recent capital markets highlight saw co-heads Andrew Weaver and James Gaudin act on a high volume of REIT listings on TISE, with Paul Worsnop providing support at senior associate level. London-listed funds clients also engage the team on a range of instructions, including green bond issuances. Also ongoing are debt securities listings on TISE for numerous retailers and pharmaceuticals companies. The team welcomed the highly rated Christophe Kalinauckas from WALKERS, further expanding the expertise in TISE work.

Practice head(s):

Andrew Weaver; James Gaudin

Testimonials

‘The Appleby team are responsive, commercial and solution driven.’

‘Their collaborative approach across offices in various jurisdictions (for example, Jersey, Guernsey and British Virgin Islands) means that they offer streamlined and efficient advice.’

‘Paul Worsnop is highly responsive, providing clear advice and acting as a central point for queries on complicated multi-jurisdictional transactions.’

‘Christophe Kalinauckas is great to work with on TISE listings. He is very knowledgeable, responsive and helpful.’

Key clients

Atrium European Real Estate Limited

Tritax Big Box REIT plc

Atlantic Leaf Properties Limited

Goldman Sachs

Petropavlovsk plc

Work highlights

  • Acted as Jersey counsel to Atrium European Real Estate Limited on its tap of €200m to be consolidated and form a single series with its existing €300m notes due 2025, the establishment of its €1.5m EMTN programme and its €300m Green Bond due 2027.
  • Acted as listing sponsor to Atlantic Leaf Properties Limited (a UK REIT with total assets under management of approximately £338m) for the listing of its shares on the official list of TISE.
  • Advised a main market-listed REIT Tritax Big Box on the issue of £250m of green bonds due 2033.

Jersey > Corporate and commercial Tier 2

Appleby’s corporate department is a go-to name for regulatory advice in the financial services sector, working with clients on governance matters, new investment platforms and ringfencing issues. In the M&A space, practice head Andrew Weaver, James Gaudin and senior associates Kevin McQuillan and Chris Smedley handle buy-side deals in the sports, retail and real estate sectors, as well as insurance mergers. Previously in-house counsel at Standard Life Aberdeen, Mark Brady has experience in the specialist sectors of natural resources and fintech.

Practice head(s):

Andrew Weaver

Testimonials

‘Kevin McQuillan is very approachable, commercial and available. Pragmatic and solution-focused.’

‘Superb joined-up team, with the ability to support on all aspects of the transaction. The Appleby team feel like an extension of your own team, which enables you to provide seamless advice to your client. They are technically very good but importantly adopt a commercial and solution-oriented approach.’

‘Andrew Weaver and Kevin McQuillan are super responsive, they know their stuff and the market well and are commercially savvy – they are my primary go-to individuals in Jersey.’

‘The practice is very hands-on and personable considering that they are a market leader, which is important to us.’

‘Kevin McQuillan has the great ability of breaking down complex legal analysis into language that is easily understood by our clients. Our clients were delighted with him as he was was commercial and ensured that a deal was done whilst always making sure he was looking out for the client. He is open and transparent with his fee quotes.’

‘We have been working very closely with Chris Smedley, who is a contact point not only for us internally but also from other providers in Jersey whenever it comes to complicated legal transactions. Chris is not only an excellent counsel but he is also extremely approachable, treats the requests from the broader team equally and he is always one of our most reliable partners.’

‘One of the strongest teams in Jersey.’

Key clients

Advanz Pharma Corp.

ALK Capital LLC

Ashby Capital LLP

Atlantic Leaf Properties Limited

Atrium European Real Estate Limited

Hili Ventures

Livingbridge

Lloyds Banking Group PLC

Mohsin Issa and Zuber Issa

RBSI

Savannah Petroleum plc

TDR Capital

Tritax Big Box REIT PLC

Santander

Work highlights

  • Advised a global private equity firm on its take private of JSE and SEM-listed Atlantic Leaf Properties Limited implemented by members’ scheme of arrangement in Jersey.
  • Advised global pharmaceutical company ADVANZ PHARMA Corp. on its sale to Nordic Capital for an equity value of $846m to be implemented by members’ scheme of arrangement in Jersey.
  • Advised Mohsin Issa, Zuber Issa and TDR Capital LLP on their successful £6.8bn bid to acquire the Asda Group from Walmart.

Dispute resolution Tier 2

Appleby’s 'completely unflappable' dispute resolution practice head Jared Dann takes on major multijurisdictional insolvencies, including high-profile mandates for the administrators of Monsoon and Arcadia. Fraser Robertson and Michael O’Connell represent major beneficiaries, trustees and settlors in trust litigation, including removal applications, while Olwyn Barry handles commercial disputes and debt enforcements in domestic and international contexts. The team also acts in fraud and asset tracing mandates. Previous practice head Michael Cushing left for Ardent Chambers.

Practice head(s):

Jared Dann

Other key lawyers:

Fraser Robertson; Michael O’Connell; Olwyn Barry

Testimonials

‘I have worked with the team over many years. The case faced by the team was unprecedented. The sums involved went into billions rather than millions. The situation was a tricky one. It has handled with no fuss – calmly and practically with liaison with other legal teams in the US. It was a deeply impressive performance.’

‘Jared Dann is completely unflappable and dealt with an extremely complex high-value case with complete calm and authority. The clients clearly loved him. He is a superb advocate and held fast under fire from the court and did not shy away from arguing unpopular points. He is also an excellent trust lawyer. He reacted to the changing situation in the case with aplomb.’

‘Appleby in Jersey have a very long history in litigation and dispute resolution.’

‘Fraser Robertson is in the top five of the senior litigators in Jersey. He has plenty of wisdom and judgement which comes from long years of experience. He is a good courtroom operator and still has plenty of passion for the job. Jared Dann is proving to be a safe pair of hands.’

‘The dispute resolution team at Appleby are very responsive and solutions focused. They provide clear advice that is easy for clients to understand.’

‘Olwyn Barry is incredibly supportive and responsive. She analyses complex problems very quickly and provides clear commercial solutions.’

Key clients

Government of the Federal Republic of Nigeria

Zedra Trust Company (Jersey) Limited

Deloitte LLP

FRP Trading Limited

Grant Thornton Limited

VCI Limited

South Downs Investment LP

Kinstellar LLC

Work highlights

  • Acting for beneficiaries following three successful landmark hearings in relation to court proceedings regarding trustees’ decision on the partitioning of trusts.
  • Acting for the Administrators of the Arcadia Group in an urgent application to have their appointment recognised in Jersey, coordinated with simultaneous applications in Guernsey and the Isle of Man.
  • Acting for the bidder company South Downs Investment LP (a wholly owned subsidiary of Apollo Global Management) in relation to the acquisition of Atlantic Leaf Properties by way of a court-sponsored scheme of arrangement.

Jersey > Employment Tier 2

Appleby’s ‘highly commercial and accessible‘ employment practice recently secured a swathe of client wins, including notable pan-Channel Islands employers in the retail and financial services sector. The team guides clients through internal investigations relating to harassment and misconduct claims. Practice head Richard Sheldon (who splits his time between Guernsey and Jersey) and litigation head Jared Dann represents clients in tribunal claims concerning high-stakes senior exits, employee contract disputes and issues of data theft. The group also advises on the employment aspects of insolvencies.

Practice head(s):

Richard Sheldon

Other key lawyers:

Jared Dann; Niall MacDonald

Testimonials

‘Highly commercial and accessible, they provide a range of scenario-based outcomes which are clearly risk assessed.’

‘Richard Sheldon explains things concisely and clearly and pitches the level of detail and potential outcomes well to his audience be it HR or Directors. A genuine pleasure to deal with and makes himself accessible to deal with any time-critical matters.’

‘Efficiency and communication is great.’

‘I have worked with Richard Sheldon for some years and he is practical, commercial and very accessible to clients.’

Key clients

Canaccord Genuity Wealth

CMS Cameron McKenna Nabarro Olswang

Deloitte LLP

Eversheds Sutherland

FRP Trading Limited

Grant Thornton

HSBC Group

International Energy Group Limited

PraxisIFM

Sanne Group

Work highlights

  • Advised the administrators (Deloitte LLP) on the employment aspects of the administration of the Arcadia Group across the Crown Dependencies.
  • Instructed by the Parish of St Helier in discrimination proceedings.
  • Instructed by a number of high-profile UK retailers with a presence in the Guernsey, Jersey and the Isle of Man to provide advice on the implementation and differences with the Payroll Co-Funding Schemes introduced by governments in response to Covid-19.

Jersey > Investment funds Tier 2

Appleby's investment funds work includes fund formation, fund finance, management reorganisations, and investment and co-investment structuring. The practice is active across a wide range of asset classes, including real estate, private equity and debt. In addition to advising on fund formations, practice head Andrew Weaver deals with co-investment structures and succession planning. Clients range from Middle East and US investors, to sponsors of German feeder funds. Senior associate Chris Smedley assists with regulatory matters relating to economic substance rules.

Practice head(s):

Andrew Weaver

Other key lawyers:

Testimonials

‘Appleby have been the Jersey legal advisers on the funds we administer for a number of years. I have always found Appleby to be very experienced with a good understanding of the legal requirements. Appleby are very diligent and hard working to ensure deadlines are met.’

‘The Jersey funds team is notable for its detailed legal analysis and thoughtful approach. They never seem happier than when being given a thorny legal issue to chew over and digest, and are always happy to provide the detail behind their thinking.’

‘I predominantly work with Andrew Weaver and Chris Smedley. I think their stand-out qualities are their thoughtful approach, and willingness to face a thorny issue head on. They generally take a pragmatic and thoughtful approach to clients’ issues.’

Key clients

Stirling Square Capital Partners

Qannas Investments Limited

LCM Partners

Montana Capital Partners

Paragon Partners

Altor Funds

Elliott Associates, L.P.

Autonomy Capital Management

HV Holtzbrinck Ventures (now called HV Capital)

Tritax Group

Guernsey > Investment funds Tier 4

Appleby’s 'friendly, approachable, professional and knowledgeable' corporate department acts for fund managers on fund formations and downstream transactional work in the regulated and AIF spaces. Co-head Stuart Tyler is a key name, and co-head Chet Pohl guides clients through the funds listing process. New associate recruit Oratile Jonas increased the team’s knowledge of collective investment schemes.

Practice head(s):

Chet Pohl; Stuart Tyler

Other key lawyers:

Testimonials

‘The speed and knowledge of partner of Chet Pohl is excellent. His experience of the local scene is impressive.’

‘Overall the team’s approach has been extremely helpful and practical – especially when dealing with multiple strands of concerned parties, including but not limited to the regulator.’

‘Chet Pohl as partner in charge had been excellent. His commercial and pragmatic outlook had been of great assistance to the board.’

‘Friendly; Approachable; Professional; Knowledgeable.’

Key clients

Apex Fund and Corporate Services (Guernsey) Limited

Augentius

Aviva

Blackstone

BMO Real Estate Partners

Braemar Group PCC

Brooks Macdonald

Butterfield Bank (Guernsey ) Limited

Equiom Group

Ground Rents Income Fund plc

HSBC Bank plc

Imperium Fund Services Limited

JTC Fund Administration (Guernsey) Limited

JTC Fund Managers (Guernsey) Limited

Intertrust Group

Lax Capital Limited

Maitland Administration (Guernsey) Limited

Noe Group

PraxisIFM Group

Royal Bank of Scotland

Wells Fargo Bank

Vistra Fund Services (Guernsey) Limited

Zedra Fund Managers (Guernsey) Limited

Work highlights

  • Acted for Thornbridge Investment Management LLP as investment adviser to Bearman ICC Limited, an open-ended umbrella fund platform with incorporated cells to be used as vehicles for trading equities, bonds and derivative instruments.
  • Advised Nordea Bank acting as agent for a syndicate of banks (including RBSI) providing subscription facilities of up to £327m to a leading fund, Bridgepoint Development Capital IV.
  • Advised Wells Fargo Bank, National Association on the accession of a new Guernsey LP as borrower under an existing €1bn secured capital call facility agreement in place with a leading European primary fund.

Isle of Man > Banking, finance and capital markets Tier 1

Appleby is distinguished through its sizeable seven-director team and network of offices across the Channel Islands and BVI. The team advises on the biggest transactions in the market, with a penchant for financing assets such as property, aircraft and shipping vessels. Capital markets transactions are another area of strength, with the team's expertise spanning both debt and equity issuances. It advises companies listed on the London, European and Johannesburg stock exchanges. Managing partner Faye Moffett leads the team, which includes Kyle SutherlandSimon Harding and Tom Brook. Also recommended is senior associate Eleanor Harding, who focuses on property and aircraft financing.

Practice head(s):

Faye Moffett

Testimonials

‘Prompt efficient service.’

‘Responsive, personable and efficient. Good relationship with lawyers on the other side ensure a smoother transaction and issues resolved swiftly.’

‘Extremely friendly and approachable. No qualms about picking up the phone to chat through any issues – of which Appleby will most likely have a solution.’

‘A proactive and collaborative team always willing to help and assist.’

‘Very knowledgeable, helpful and honest.’

Key clients

Investec (Channel Islands)

NEPI Rockcastle Plc

CarTrawler

Douglas Bay Property Limited

The Blackstone Group International

Work highlights

  • Advised seven local high street banks on the Isle of Man Disruption Loan Guarantee Agreement for assisting companies during Covid 19.
  • Advised JSE-listed NEPI Rockcastle on the update of its €3bn medium term note programme.
  • Advised Kape Technologies Plc on its placing to raise $100m.

Isle of Man > Commercial property Tier 1

Appleby is highly active in the acquisition and sale of properties across the Isle of Man. In one notable mandate, Tom Brook advised Douglas Bay Property on the £12m acquisition of the Douglas Bay Complex (also known as King Edward Bay House). Brook is also noted for his expertise in real estate finance transactions. The practice is led by managing partner Faye Moffett, who is active in investment transactions and matters involving the leasing of retail properties. Senior associate Alexandra Dernie is also recommended.

Practice head(s):

Faye Moffett

Other key lawyers:

Testimonials

‘Appleby is obviously a well-known and long-established company with high standards, and the individuals I have dealt with upheld said standards.’

‘Both Alexandra Dernie and Melissa Wong were very thorough in dealing with what was, at times, a less than straightforward matter. Any queries raised were dealt with in a timely fashion, and both were personable at all times. No significant delays were experienced when liaising with either party. I would recommend them should any similar commercial property matters arise in the future.’

‘Melissa Wong provided good service in what were difficult circumstances in 2020. Melissa remained calm and professional.’

Key clients

Presbyterian Mutual Society Limited

Douglas Bay Property Limited

Investec Bank (Channel Islands) Limited

Old Mutual International Isle of Man Limited

Travis Perkins Trading Company Limited

McDonald’s Restaurants Limited

LV Group Limited

Game Retail Limited

Screwfix Direct Limited

Work highlights

  • Advised Douglas Bay Property Limited on the  purchase of Douglas Bay Complex.
  • Acted for Presbyterian Mutual Society Limited on the £3.25 million sale of a major high street commercial premises on the Isle of Man.
  • Advised the landlord of a retail unit where the tenant was a high street brand. The original lease expired and the parties agreed to an implied tenancy whilst the terms of the new lease were negotiated.

Isle of Man > Corporate and commercial Tier 1

Appleby fields a sizable corporate team and particularly distinguishes itself through its network of offices across other offshore jurisdictions. Managing partner Faye Moffett oversees the team and is known for her expertise in the financial services sector, while Juan Thornley has a similar focus and also works on matters pertaining to the insurance sector. BVI-qualified Kyle Sutherland offers a unique service where he advises on BVI-related matters during GMT working hours. Garry Manley is also BVI qualified and advised SB Tech on its $3.3bn landmark merger with DraftKings. Another key figure is Tom Brook, who is an expert in M&A and restructuring mandates.

Practice head(s):

Faye Moffett

Testimonials

‘The Appleby corporate team were good to work with, responsive, collaborative and solution-oriented.’

‘Juan Thornley is recommended for his speed of response, accuracy and being good to work with.’

‘Always available, prompt responses, and good understanding of my requirements.’

Key clients

Eros STX Global Corporation

STX Filmworks, Inc.

International Financial Group Limited

Ravenscroft Group

W.H. Ireland Group plc

Monument Re Limited

SBTech (Global) Limited

Erso Capital PCC Limited

Work highlights

  • Advised SBTech Limited on its $3.3bn business combination with DraftKings Inc. and Diamond Eagle Acquisition Corp.
  • Advised NEPI Rockcastle on matters of Isle of Man law in relation to an update to its  Guaranteed Euro Medium Term Note Programme.
  • Advised Monument Re Limited on its acquisition of Charles Taylor Group’s Isle of Man operations.

Isle of Man > Dispute resolution Tier 1

Appleby is, for some, ‘the best litigation team on the Isle of Man, both in the quality of its lawyers and the strength and connectivity that comes from the wider Appleby platform’. The team broadly focuses on commercial litigation, trust disputes and insolvency, and advised Deloitte on the high-profile liquidation of the Arcadia Group. Mark Holligon leads the firm’s dispute resolution team globally and is highly skilled in multi-jurisdictional disputes, particularly involving distressed assets and restructuring. Restructuring is also an area focus for Caren Pegg who also advised on the Arcadia collapse. Professional negligence and employment are two other areas of interest. Other key members of the team include: Charles Davies, an expert in fraud, insolvency and trust litigation; Christopher Cope, who has a particular focus on asset tracing and recovery: and Claire Corkish, who stands out for her expertise in obtaining injunctive relief and disclosure orders. Senior associate Erin Trimble-Cregeen is also recommended.

Practice head(s):

Mark Holligon

Testimonials

‘I consider Appleby’s Manx dispute resolution team to be unmatched for complex commercial litigation, particularly for disputes that involve multiple jurisdictions and cross-cutting issues. At both partner- and associate-level, they combine deep insight into the Manx legal system with really solid tactical instincts. There is a consistency in quality across all levels of seniority and a striking ability to scale up a team to handle urgent interim relief applications.’

‘Mark Holligon has extensive experience of offshore dispute resolution, and is a forceful advocate. He is very good at focusing on the important matters in a case and recognising what are subordinate issues. Whilst his associates tend to deal with matters on a day to day basis, he supervises them closely, and is always available to step in and give assistance and help direct the case.’

‘Their main strength is the quality and depth of talent that they have. They are super professional to deal with and highly responsive. They will leverage counsel to very good effect where necessary. They are thorough and willing to use technology innovatively. Definitely the firm to go to if you need to have a robust legal battle.’

‘Mark Holligon is an excellent litigator, particularly in the insolvency disputes field. He’s extremely responsive and easy to deal with. I always feel entirely confident referring my clients to him, knowing that he will provide a great service.’

‘I worked with Charles Davies and Erin Trimble-Cregeen. They are both excellent lawyers. Charles is very accurate in the legal analysis and also very clear in legal writing: it is impressive how he can explain in simple words very difficult legal issues. Erin is extremely brilliant and creative: it is a real pleasure working with her.’

‘Mark Holligon is a particularly impressive litigator. He has a practical, results-focussed approach that places a clients strategic objectives at the heart of any matter. He marries commerciality and shrewd legal tactics and has an uncanny knack of finding out-of-the-box solutions that work. He is skilled in fraud, asset recovery and insolvency work.’

‘Erin Trimble-Cregeen has remarkable eye for detail and is extremely hard working. Her trusts expertise is outstanding. A go-to private client and contentious trusts partner of the future.’

‘Mark Holligon is skilled and has seen it all before. This makes him unflappable in a tricky situation. He is also very client and user friendly which is really important in big offshore disputes. ’

Key clients

Royal Bank of Scotland International

Isle of Man Government

Financial Services Authority

Gordon Wilson as Receiver and Manager of Montpelier (Trust & Corporate) Services Limited

Douglas Corporation

HSBC Bank

Takafumi Horie

Moorgate Industries Limited

Peter Neill

Deloitte

Work highlights

  • Advised on the high-profile collapse of the Arcadia Group in the Isle of Man, Jersey and Guernsey.
  • Brought proceedings in the Isle of Man for VTB to recover debts owed by a Russian debtor.
  • Instructed to represent Royal Bank of Scotland International in relation to a very high value claim taken against the bank.

Isle of Man > Employment Tier 1

Appleby provides a full service to clients on all the contentious and non-contentious aspects of employment and industrial relations law, under the leadership of Caren Pegg, who has over 20 years of experience in this space. Her expertise includes matters concerning discrimination, dismissals, exits and settlement agreements. Also recommended is counsel Keira Gore who is particularly knowledgeable about equality law, equal pay and discrimination claims. Associate Emily Ashe, who focuses on immigration, is also recommended.

Practice head(s):

Caren Pegg

Other key lawyers:

Testimonials

I have always found that my issues are listened to (however menial they are) and not judged. ’

‘I have always been treated with respect and been able to talk openly and honestly. Caren Pegg is a very knowledgeable individual and has a wealth of legal and practical experience in dealing with employment matters.’

‘Our experience of Appleby (IOM) and Caren Pegg (who represented us) was exceptional. Caren’s calm and professional manner was very comforting throughout our dealings with her.’

‘Caren’s warm, calm, caring and confident manner towards each individual that she dealt with within our firm was very comforting and gave us great confidence. She took great care with each individual she had dealings with. Caren’s attention to detail and her polite, informed manner was truly lovely.’

Key clients

RL360

Swagelok Ltd

Royal Bank of Scotland International/Natwest

NK Construction Limited

Isle of Man Creamery

Barclays Bank PLC

Adorn Domiciliary Care

IOM Meats Limited

Quilter

Deloittes

Work highlights

  • Representing RL360 in relation to a high profile set of proceedings which involve novel points of law, including examining the enforceability of a conciliated settlement agreement with the involvement of the Manx Industrial Relations Service under the Employment Act 2006.
  • Handling ongoing contentious employment tribunal issues for one of the largest employers on the Isle of Man.
  • Acting as Isle of Man counsel on all employment issues (both contentious and non-contentious) for a number of global banks.

Isle of Man > Gambling Tier 1

Appleby's group operates under the leadership of Claire Milne, who is a recognised expert in the gambling sector and was formerly chair of the Isle of Man Gambling Supervision Commission. Milne advises on commercial and regulatory work, with expertise in other complementary areas including IP, IT and fintech mandates. Corporate transactions are another core area of focus for the practice, with Kyle Sutherland advising on capital markets and restructuring work. Garry Manley similarly advises on corporate and regulatory matters, with added expertise in employment issues.

Practice head(s):

Claire Milne

Other key lawyers:

Testimonials

‘Specialist knowledge in insurance regulatory matters.’

‘Really knowledgeable and responsive. Clear advice. Easy to deal with.’

Key clients

SBTech (Global) Limited

STX Entertainment, Inc.

Global Switch

Playtech

Work highlights

  • Advised SBTech (Global) Limited on its $3.3bn business combination with DraftKings Inc. and Diamond Eagle Acquisition Corp.
  • Acted as BVI counsel to Global Switch in connection with an update to its €3bn Euro Medium Term Note Programme and a further €700m note issuance under the programme.
  • Acted as Isle of Man counsel to STX Filmworks, Inc. (STX Entertainment), on its stock-for-stock merger with Eros International Plc.

Isle of Man > Insurance and pensions Tier 1

Appleby is a leading name in the market for insurance and reinsurance work, and is able to draw on the added advantage of its network of offices across other offshore jurisdictions. Practice head Juan Thornley is a corporate partner who focuses on the financial services sector, much of which includes insurance and pensions related work. Garry Manley has a similar focus and leads the team’s funds and investment services group. Simon Harding no longer leads the practice but is now group general counsel for the firm. Counsel Michelle Brook is also recommended.

Practice head(s):

Juan Thornley

Other key lawyers:

Testimonials

‘Specialist knowledge in insurance regulatory matters.’

‘Really knowledgeable and responsive. Clear advice. Easy to deal with.’

Work highlights

  • Advised Monument Re Limited on its acquisition of LCL International Life Assurance Company Limited, and Charles Taylor Holdings (IOM) Limited.
  • Advised International Financial Group Limited on its acquisition of a 76% stake in Friends Provident International Limited.

Jersey > Commercial property Tier 1

In a recent headline mandate for Appleby’s commercial property team, counsel Jonathan Anderson advised the Jersey Milk Marketing Board on a major leasing agreement for the installation of the Channel Islands’ largest solar photovoltaic array, which required Royal Court approval. Anderson and practice head John Bisson (who returned to the partnership following Tim Hart’s departure to take up a consultant role at Jersey Finance) have also been handling pre-let agreements and refinancing negotiations for prominent domestic developer Dandara Group. The team also advises on lender-side property finance transactions and mixed-use and residential development projects. High-net-worth individuals also instruct the team on property acquisitions.

Practice head(s):

John Bisson

Other key lawyers:

Testimonials

‘Appleby offer the strongest and most reliable property legal advice you could obtain in Jersey.’

‘A wide breadth of experience and able to cover all the major offshore jurisdictions seamlessly’’

‘Jonathan Anderson was very responsive and took a pragmatic and commercial view focusing on essentials so as to de-escalate a potentially contentious negotiation.’

‘The team work seamlessly so that requirements are met no matter who is dealing with the matter.’

‘John Bisson has a huge knowledge of historic transactions which enables him to advise on a situation within the right context and to move a matter to completion both quickly and without any unforeseen complications.’

Key clients

Rosscot Group Limited

Barclays Bank PLC

Daisy Hill Real Estates Limited

Dandara Group

Jersey Milk Marketing Board

HSBC Bank PLC

Butterfield Bank (Jersey) Limited

Palladium Group

Santander Financial Services plc

The Yacht Hotel Limited

Seymour Hotel Group

AMP Golf Limited

Equipe Property Holdings Limited

Newcastle Building Society

Work highlights

  • Advised the Jersey Milk Marketing Board on all aspects of a 25-year contract lease passed before the Royal Court with Jersey Electricity in relation to the installation and operation of PV equipment on the roof of one of its largest warehouses at its headquarters at Jersey Dairy in the parish of Trinity.
  • Advised the Dandara Group on the pre-let agreement and then the formal letting to Barclays Bank of its new Jersey Office Headquarters at Cooil House 5/6 Esplanade St Helier.
  • Advised the Dandara Group on a refinancing of a £20m term loan facility with Lloyds Bank Corporate Markets secured over its office development Cooil House 5/6 Esplanade in St Helier.

Isle of Man > Private client, trusts and tax Tier 3

Appleby draws on its highly experienced corporate and dispute resolution teams to advise on trusts, estate planning work, foundation matters and pension-related issues. Managing partner Faye Moffett is a key name on the non-contentious side with a particular interest in handling estate planning work for high-net-worth individuals. For contentious work, litigator and former London barrister Charles Davies is highly skilled in trust-related disputes. Senior associate Melissa Wong is also 'a very good trusts lawyer with good experience'.

Practice head(s):

Faye Moffett; Charles Davies

Other key lawyers:

Testimonials

‘A team that not only works on its own when doing transactions and advisory work, but works closely with the dispute resolution department when matters become contentious. There is a willingness to involve others with specialist litigation skills which is not always apparent with other firms. This means that the client gets a better service with appropriate expertise used when necessary.’

‘Melissa Wong – very easy to get on with and friendly. She is also a very good trusts lawyer with good experience.’

‘A deep and diverse talent pool of professionals in this highly specialist area. They have some excellent client relationships and are at the cutting edge of the market in terms of what is going on. A go-to firm.’

‘I’ve dealt this year a lot with Melissa Wong. Excellent trust adviser.’

‘The team has unmatched knowledge and experience in trust law. The people in the team are nice and it is very easy to work with them. The have a fresh and modern approach to legal profession.’

‘During the past year the Appleby Isle of Man private client practice has been responsive, knowledgeable and able to provide guidance and solutions to complex queries within an often tight timeframe. During what has been a difficult year for all, Appleby has provided a seamless service, despite the pandemic, proving they are a modern dynamic practice.’

‘Melissa Wong has been particularly helpful providing solutions to often complex queries within tight deadlines.’

‘Flexible working arrangements and accessibility for clients.’

Key clients

Ocorian Trust (Isle of Man) Limited

Equiom (Isle of Man) Limited

LJ Skye Trustees Ltd

Work highlights

  • Advised a high-net-worth individual on establishing a new Isle of Man Trust Discretionary valued at £10m.
  • Advised an executor on an Isle of Man estate valued at £1.5m.
  • Advised a beneficiary of distribution from trustees of an Isle of Man Trust valued at $162m.

Jersey > Private client, trusts and tax Tier 3

Appleby’s private client, trusts and tax practice handles a wide range of structuring and administration work; ongoing matters include high-value pensions schemes for international banks, as well as hybrid charitable trust structures. The department also handles complex trust transfers, particularly those with a nexus to the Cayman Islands. Practice head David Dorgan has 'excellent technical knowledge' of Islamic finance, which is applied to the establishment of shari'ah-compliant trusts.

Practice head(s):

David Dorgan

Testimonials

‘David Dorgan is an excellent draftsman. David’s excellent technical knowledge, attention to detail and considered nature make him a pleasure to work with.’

‘Pragmatic and consistently good advice and willing to go the extra mile – billing online.’

‘Very professional yet approachable. In-depth knowledge and excellent service.’

‘David Dorgan – leads from the front, very knowledgeable and personable.’

Jersey > Banking and finance Tier 2

Fund financing is central to Appleby’s banking and finance practice, alongside real estate and acquisition finance. James Gaudin and Daniel Healy (who was promoted to the senior associate ranks alongside Kevin McQuillan) act as lead counsel for a high volume of local lenders, whereas practice head Andrew Weaver maintains a healthy borrower-side practice. Christophe Kalinauckas, who recently joined from Walkers, advises on financing arrangements for prime London real estate assets.

Practice head(s):

Andrew Weaver

Testimonials

‘Keen to develop relationships.’

‘Very responsive.’

Key clients

TDR Capital

OakNorth Bank plc

Tritax Big Box REIT plc

Ashby Capital LLP

UK Branch of Abu Dhabi Islamic Bank PJSC

Dandara

HSBC

DekaBank Deutsche Girozentrale

Barclays

Santander

The Prudential Insurance Company of America

Work highlights

  • Advised TDR Capital LLP, Mohsin Issa and Zuber Issa on their funding arrangements to enable the acquisition of the Asda Group from Walmart, in a deal valued at approximately £6.8bn.
  • Advised a private equity firm on its funding arrangements in connection with its £647m acquisition of a FTSE 350 company.
  • Advising The Prudential Insurance Company of America on over £235m worth of facilities on (i) a logistics portfolio and (ii) a multi-use portfolio.

Bermuda > Banking, finance and capital markets

Experienced on the lender and borrower sides of transactions, Appleby’s ‘solution-oriented’ practice advises a diverse range of clients including banks, financial institutions and insurance entities on financial issues and transactions. In addition to its sizable client roster of ship and aircraft owners, lessors and lessees, which it primarily assists with asset finance transactions, the group is also highly rated for its knowledge of project and infrastructure financings, syndicated loan facilities and reviewing facility and security documentation. Tim Faries spearheads the team, which includes a number of practitioners with strong track records in this space. Energy and natural resources group head Tammy Richardson-Augustus  wins praise for her ‘great expertise regarding capital markets and her responsiveness and timeliness’, Clive Langley  specialises in asset finance transactions, and David Clark is increasingly active in Bermuda financing matters in tandem with his international practice. Other practitioners of note are Jerome Wilson  and counsel Tiffany Boys.

Practice head(s):

Testimonials

‘The Bermudan jurisdiction is a complex one in regards to corporate rules. The Appleby team has the expertise to support the company in understanding regulatory and corporate requirements for financings and filings under such jurisdiction.’

‘Tammy Richardson-Augustus has great expertise regarding capital markets and her responsiveness and timeliness is above what we expect from our outside counsel.’

‘The department is very solution-oriented, focused on finding practical solutions, and great to work with.’

‘Tammy Richardson-Augustus is street-smart, commercial, easy to work with, good at dealing with people, and has a practical approach when solving issues.’

Key clients

HSBC Securities (USA)

Goldman Sachs & Co.

Eldridge Industries, LLC

Floatel International Ltd.

Deutsche Bank AG (London and Sydney Branches)

Investment Energy Resources Limited

ABN AMRO Bank N.V.

Brookfield Asset Management

JP Morgan Securities LLC

Borr Drilling Limited

Brookfield Renewable Partners and Brookfield Infrastructure Partners

Work highlights

  • Acted as Bermuda counsel to Brookfield Renewable Partners (BEP) and Brookfield Infrastructure Partners (BIP) in their respective unit splits and special distributions of class A shares to create Brookfield Renewable Corporation and Brookfield Infrastructure Corporation, each a dual-listed Canadian corporation.
  • Advised Investment Energy Resources Limited (IERL) on an inaugural issuance of $700m of green bonds at an interest rate of 6.250% and expiring in 2029, and a syndicated loan of $300m to refinance all of its project finance indebtedness.
  • Advising a syndicate of banks, including ABN, HSBC, Natixis, UOB, SMBC and Credit Agricole, on a framework agreement for a Dutch energy and commodity trading company in relation to the replacement of numerous bilateral trade finance facilities.

Bermuda > Corporate and commercial

Led by local managing partner Tim Faries, the corporate practice at Appleby brings extensive experience to bear on high-stakes corporate projects. Frequently instructed by a range of FTSE 100 and Fortune 500 companies in the insurance, banking, technology, funds, transport, energy and natural resources sectors, the team has notable strength in large-scale M&A work, corporate restructurings and joint ventures. Key names within the group are Tammy Richardson-Augustus , who takes the lead on many corporate transactions arising from the energy and natural resources sectors, digital asset and funds expert Matthew Ebbs-Brewer , as well as David Clark, who regularly acts for major European, US and Asian banks and multinational corporations in complex cross-border financing structures and joint ventures. Insurance and reinsurance expert Alan Bossin , Jerome Wilson  and senior associate Josephine Noddings are further practitioners to note. In August 2021, Steven Rees Davies  joined Carey Olsen Bermuda Limited.

Practice head(s):

Testimonials

‘A solid capable team. They are knowledgeable, competent and have experience and are great people to deal with.’

‘Competent, experienced, responsive and very likeable.’

Key clients

Bittrex International GmbH

Marvell Technology Group Ltd.

Special Committee of Gaslog Ltd.

Jardine Matheson Holdings Limited

Morgan Stanley Senior Funding, Inc

Dufry International AG

Convex Group Limited

Glencore Canada Corporation

Brookfield Asset Management

Floatel International Ltd.

Work highlights

  • Advised Floatel International Ltd. and it subsidiaries on its successful, fully comprehensive balance sheet restructuring.
  • Advised Jardine Matheson Holdings Limited on its approximately $5.5bn cash acquisition of the 15% of Jardine Strategic Holdings Limited’s issued share capital which Jardine Matheson or its wholly-owned subsidiaries did not already own and the concurrent delisting of Jardine Strategic from the Bermuda Stock Exchange.
  • Acted for Bittrex Global GmbH on its application for a Class F Digital Asset Business (DABA) License, which represents the third such license issued by Bermuda Monetary Authority.

Isle of Man > Banking, finance and capital markets

Appleby is distinguished through its sizeable seven-director team and network of offices across the Channel Islands and BVI. The team advises on the biggest transactions in the market, with a penchant for financing assets such as property, aircraft and shipping vessels. Capital markets transactions are another area of strength, with the team's expertise spanning both debt and equity issuances. It advises companies listed on the London, European and Johannesburg stock exchanges. Managing partner Faye Moffett leads the team, which includes Kyle SutherlandSimon Harding and Tom Brook. Also recommended is senior associate Eleanor Harding, who focuses on property and aircraft financing.

Practice head(s):

Faye Moffett

Testimonials

‘Prompt efficient service.’

‘Responsive, personable and efficient. Good relationship with lawyers on the other side ensure a smoother transaction and issues resolved swiftly.’

‘Extremely friendly and approachable. No qualms about picking up the phone to chat through any issues – of which Appleby will most likely have a solution.’

‘A proactive and collaborative team always willing to help and assist.’

‘Very knowledgeable, helpful and honest.’

Key clients

Investec (Channel Islands)

NEPI Rockcastle Plc

CarTrawler

Douglas Bay Property Limited

The Blackstone Group International

Work highlights

  • Advised seven local high street banks on the Isle of Man Disruption Loan Guarantee Agreement for assisting companies during Covid 19.
  • Advised JSE-listed NEPI Rockcastle on the update of its €3bn medium term note programme.
  • Advised Kape Technologies Plc on its placing to raise $100m.

 

The firm

Appleby is a leading offshore law firm. The team of legal specialists advise global public and private companies, financial institutions and private individuals. Appleby is regularly recognised for its integrity and excellent client service, these are the values the firm prides itself on and are at the very core of its business.

Appleby’s global presence allows it to provide timely and comprehensive legal advice at the times that matter most to clients. Appleby is located in the key offshore jurisdictions of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Isle of Man, Jersey, Mauritius, and the Seychelles, as well as the international financial centres of Hong Kong and Shanghai. Appleby works with clients to achieve practical solutions whether in a single location or across multiple jurisdictions. Appleby is a full service law firm providing expert advice across corporate, dispute resolution, property, regulatory and private client and trusts practice areas.

Principal areas of work

Mergers & Acquisitions: Appleby’s Merger and Acquisitions team regularly works with FTSE 100 and Fortune 500 companies around the globe to help them deploy strategic growth and restructuring initiatives, whether involving single jurisdictions or complex multi-jurisdictional, multi-disciplinary transactions. They actively monitor M&A trends through their half-yearly Offshore-i report and their unique global presence means that they are able to advise clients on complex, cross-border transactions involving the offshore jurisdictions.

Regulatory: Appleby’s Regulatory and Compliance team is one of the world’s largest offshore, comprised of experts who not only have first-hand knowledge of local regulation, but who have in many cases, helped to shape it. Their team are skilled at putting technical regulatory information and decision-making in a commercial context, and clients know that they can assemble the team to deliver an international service, quickly and seamlessly.

Technology & Innovation: Appleby’s multi-disciplinary Technology and Innovation Group comprises experts from each of their 10 offices to help businesses meet the new challenges and support clients across a broad range of emerging technologies including blockchain, virtual currencies, ICOs, data protection and financial technologies.

Banking & Finance: Appleby’s Banking and Asset Finance team are experienced in all aspects of law relating to banking, ship and aircraft registration and finance, asset backed finance and project and infrastructure finance. They provide advice to major banks and financial institutions, ship and aircraft owners, lessors, and lessees and have deep and trusted relationships with numerous international law firms, shipping groups and financial institutions around the world.

Funds: Appleby’s Fund Finance team are experts in advising banks and finance providers in the development of sophisticated financing solutions. The team are globally recognized as leaders in the fund finance sector and have advised on a variety of different financing structures involving funds that have ranged from a hundred million to billions of dollars in subscribed investor commitments.

Insolvency & Restructuring: Appleby’s Insolvency and Restructuring team advise directors, institutional lenders, creditors (secured or unsecured), borrowers, or insolvency practitioners in large insolvencies that have offshore or cross-border elements. The team has extensive insolvency and restructuring experience across a wide range of industries, including retail, hospitality and leisure, healthcare, financial services, real estate and manufacturing.

Trust Disputes: As family arrangements become more complex, trustees and beneficiaries are frequently being drawn into disputes which lead to court proceedings. Appleby’s talented, experienced and solution driven Trust Disputes team is committed to delivering the highest possible level of client service and regularly work together across their global locations to provide expert multi-jurisdictional advice.

Employment: Appleby’s specialist Employment team provides advice on employment and immigration law to a range of global clients, including banks, financial services businesses, companies and directors, as well as their onshore legal advisers. With close ties to local governments, they are often consulted on, and help to share, new laws brought into force across the jurisdictions in which they operate.

Fraud & Asset Tracing: Appleby’s Fraud and Asset tracing team are experts in helping clients to trace and recover assets across international jurisdictions, regardless of where proceedings originate. Their clients include major financial institutions, multinational corporations, government agencies, state-owned corporations and high net worth individuals, who have been defrauded or have received the proceeds of fraud. They also advise directors and officers, and other service providers caught in the fallout of fraudulent activities.

Property: Appleby are a leading provider of property services in Bermuda, the Cayman Islands, Isle of Man and Jersey. Their Property team provides expert legal advice on all aspects of commercial and residential property, including sales and purchases, leasing, development and property finance transactions. They are frequently recognised for their experience and excellent client service and are consistently ranked in the top tiers for property work. They regularly work directly with developers, investors, business occupiers, banking institutions and private individuals.

PC&T: Appleby’s Private Client and Trust team provide trust and foundation services to private individuals, families, and fiduciary companies. They advise on all aspects of trust law, including the establishment, administration, restructuring and termination of private, charitable, and commercial trusts and foundations. They act in a personal capacity as Protector, Enforcer and Director (of Private Trust Companies) for a number of discretionary trusts and are frequently instructed by blue-chip trust institutions.

DepartmentNameEmailTelephone
Office Managing Group Partner Jeremy Berchem
Corporate Stuart Tyler
Corporate Chet Pohl
Dispute Resolution Anthony Williams
Dispute Resolution Richard Field
Dispute Resolution Richard Sheldon
PhotoNamePositionProfile
Jeremy Berchem  photo Jeremy Berchem Jeremy Berchem is the Office Managing Group Partner in Guernsey. Jeremy has…
Richard Field  photo Richard Field Richard is a Partner in the Dispute Resolution team at Appleby in…
Richard Sheldon  photo Richard Sheldon Richard is a Group Partner and member of the Dispute Resolution team,…
Stuart Tyler photo Stuart TylerStuart Tyler is a Partner and Group Head within the Corporate Department…
Anthony Williams  photo Anthony Williams Anthony is Head of Dispute Resolution in Guernsey. Anthony is an experienced…
Number of partners : 6
Number of other fee-earners : 7
English
Main Contact : Jeremy Berchem, Office Managing Group Partner
Other offices : Bermuda
Other offices : British Virgin Islands
Other offices : Cayman Islands
Other offices : Hong Kong
Other offices : Isle of Man
Other offices : Jersey
Other offices : Mauritius
Other offices : Seychelles
Other offices : Shanghai

Appleby Advise the SMP Group on its Acquisition of Helm Trust Company Ltd

Appleby acted as legal counsel to the SMP Group of Companies, in relation to the acquisition of Helm Trust Company Limited, a highly regarded trust and corporate services provider based in Jersey.

The SMP Group of Companies, headquartered in the Isle of Man, provides corporate and trust structuring, accounting and tax, gaming and fund services to a global client base of both corporate clients and high net worth individuals.

The acquisition, which is subject to regulatory approval, was undertaken with the support of Palatine Private Equity LLP, the mid-market private equity house that Appleby assisted through its management buyout of SMP earlier this year, with additional debt funding from Apera Asset Management.

The team at Appleby was led by Jersey Corporate Partner Andrew Weaver with support from Senior Associate Chris Smedley and Associate Lebogang Maimane. The Corporate team were further assisted by Group Partner Richard Sheldon and Associate Paul Worsnop in respect of the employment elements of the transaction, Senior Associate Amy Benest for dispute resolution assistance and Counsel Jonathan Anderson in relation to the real estate aspects of the matter

Appleby Advises Petropavlovsk plc on Issue of USD125 Million Bonds

Appleby’s Jersey team led by Partner, Andrew Weaver and assisted by Associate, Zim Ceko advised and acted as Jersey counsel to Petropavlovsk plc and its subsidiary, Petropavlovsk 2010 Limited in respect of the issue of new USD125,000,000 Guaranteed Convertible Bonds, due 2024 by Petropavlovsk 2010 Limited.

The team also advised on consent solicitations required to amend the terms and conditions of existing USD100,000,000 Guaranteed Convertible Bonds due 2020 issued by Petropavlovsk 2010 Limited and the repurchase of such existing convertible bonds concurrently with the issue of the new convertible bonds.

Appleby assisted with the obtaining of regulatory approvals from the Jersey Financial Services Commission relating to amendments to the terms and conditions of the existing convertible bonds and the issue of the new convertible bonds.

Appleby advise Palatine Private Equity on its investment in SMP Partners

Appleby acted as legal counsel to Palatine Private Equity LLP (Palatine) on its recent investment in SMP Partners. The investment was in support of a management buyout as part of a planned leadership succession process. The deal exchanged earlier in the year and completed on 14 June 2019.

Palatine Private Equity are a regional mid-market private equity firm with a very strong and successful track record. SMP Partners is a leading, independent, international corporate services provider with exciting plans for future growth.

Appleby advised on a broad range of Isle of Man, Cayman, Jersey and British Virgin Islands legal matters and demonstrated the advantage of its global footprint in the key offshore finance centres.

The cross-jurisdictional team at Appleby was led by Corporate Partner Tom Brook, providing Isle of Man and BVI advice, with support from Isle of Man Counsel Michelle Brook. Partner Jacob MacAdam and Associate Dean Bennett provided Cayman Islands legal expertise whilst Partner Andrew Weaver and Senior Associate Chris Smedley advised on Jersey aspects of the deal.

The team worked closely with Gateley PLC, who acted as lead counsel to Palatine.

Appleby advises JPMorgan Chase Bank, N.A. on USD1.25 billion credit facility

Leading offshore law firm Appleby advised JPMorgan Chase Bank, N.A. in relation to the Jersey law aspects of a new USD 1.25 billion asset-based revolving credit facility to the Adient Group. The facility was used to prepay in full and terminate commitments under an existing credit agreement.

The Adient Group is a global leader in automotive seating with 84,000 employees operating in 214 manufacturing and assembly plants in 32 countries worldwide.

The Jersey team at Appleby consisted of Corporate Partner Wendy Benjamin and Senior Associate, Kevin McQuillan.

Appleby Advises on Manx Telecom Takeover

Appleby acted as Isle of Man counsel to (1) Basalt Infrastructure Partners II A L.P., (2) Basalt Infrastructure Partners II B L.P., (3) Basalt Infrastructure Partners II C L.P. and (4) Basalt Infrastructure Partners II D L.P., each acting through its general partner Basalt Infrastructure Partners II GP Limited (Basalt), on its acquisition of the entire issued share capital of Manx Telecom plc (MT). The recommended cash acquisition, through a scheme of arrangement that became effective on 9 May 2019, valued MT at approximately GBP 255.9 million.

MT is the Isle of Man’s leading communication solutions provider. It owns and operates the vast majority of fixed and mobile telecommunications infrastructure on the island and offers a wide range of fixed-line, broadband, mobile and data centre services to businesses, consumers and the public sector.

Basalt is an infrastructure equity investment fund focusing on investments in the key sectors of energy, transportation, telecommunication and utility assets across Europe and North America.

The Appleby team was led by corporate partner Garry Manley and also included Tom Brook (finance), Mark Holligon and Claire Corkish (litigation), Juan Thornley (pensions), Caren Pegg (employment) and Alexandra Dernie (real estate). The team worked closely with Travers Smith, who acted as lead counsel to Basalt.

Appleby advises Thomas Miller Investment on the sale of its offshore private client investment management business to Canaccord Genuity Wealth Management

Appleby has advised Thomas Miller Investment on the sale of its offshore private client investment management business to Canaccord Genuity Wealth Management.

On 21 March 2019 it was announced that Canaccord Genuity Group Inc., through its UK & Europe based wealth management business, Canaccord Genuity Wealth Management, has entered into a share purchase agreement to acquire Thomas Miller Wealth Management Limited and an asset purchase agreement to acquire the private client investment management business of Thomas Miller Investment (Isle of Man) Limited.

Thomas Miller Wealth Management Limited is an integrated wealth manager headquartered in London and provides financial planning and investment management services to private clients, trusts, charities and corporates in the UK. Client assets of Thomas Miller Wealth Management Limited and the private client investment management business in the Isle of Man total approximately GBP 1.0 billion and together generated revenue of approximately GBP 8.4 million for the year ended 31 December 2018.

The sale, which is subject to customary closing conditions, will allow Thomas Miller Investment to focus on its core institutional investment management activities.

An Appleby team, led by Isle of Man-based corporate partner Garry Manley, acted as lead counsel to Thomas Miller Investment on the sale of the Isle of Man private client investment management business.

Appleby Advises Aquatic Foods Group Plc on AIM Listing

Appleby acted as Jersey counsel for Aquatic Foods Group Plc, a marine foods and seafood processor and supplier based in the People’s Republic of China, supplying to export and local markets, in relation to its flotation on the London Stock Exchange’s AIM market on 3 February 2015.

The Company, successfully raised £9.3 million through the issue of 13,226,081 new ordinary shares at a price of 70 pence per ordinary share, the net proceeds of the Fundraising will be used in part to expand the Group’s processing capabilities. Aquatic Foods’ market capitalisation on admission, based on the placing price, was approximately £79.3 million.

The Appleby team was led by James Gaudin, partner and Jersey Head for Structured Finance, who was assisted by Senior Associate Simon Tait. Appleby acted alongside Aquatic Foods UK lawyers Olswang LLP, China lawyers Trend Associates and nominated advisor and broker SP Angel Corporate Finance LLP.

Appleby advises Tritax Big Box REIT plc on the acquisition of DB Symmetry and a GBP 400m US private placement

Appleby has assisted long standing client Tritax Big Box REIT plc (TBBR), a main market listed investment fund focussed on acquiring and managing logistics assets, on its big start to 2019. By the end of February, TBBR had closed the GBP 370M acquisition of an 87% stake in db Symmetry, one of the largest privately owned warehouse developers in the UK, and raised GBP 400m via a US Private Placement.

db Symmetry has a land portfolio comprising 2,500 acres, and as a result of the scarcity of land at major logistics locations in the UK, the portfolio of new assets will provide a significant commercial and competitive advantage for TBBR in the future. TBBR part funded the purchase price of GBP 370 million by raising GBP 250 million through a placing and open offer of 192.3 million new shares. The Appleby team in Jersey, led by corporate partner Andrew Weaver and assisted by associate Paul Worsnop, advised on the acquisition documents and helped TBBR structure the acquisition vehicle through which the db Symmetry senior management team retain their 13% interest in the group. The transaction involved the acquisition of a number of BVI companies with due diligence and BVI acquisition mechanics being led by Isle of Man based corporate partner and head of Appleby’s BVI (GMT) team Kyle Sutherland and assisted by associate Sophie Corkish.

Later in February 2019, TBBR successfully drew on the GBP 400 million US private placement that was priced in November 2018. Much like the existing Euro medium term note programme, the unsecured notes were guaranteed by over 50 of TBBR’s subsidiaries in Jersey, Guernsey, Isle of Man and the BVI. The Appleby team, led by corporate partners Andrew Weaver, Kyle Sutherland and Jeremy Berchem, advised on the listing and offer documents and off-shore regulatory matters arising in connection with the placement as well as general transactional advice across all jurisdictions. With the Jersey office acting as the primary contact point, Appleby provided TBBR and their advisors with a single point of contact across all jurisdictions and consolidated advice, saving time, cost and duplicated effort.

These two transactions are the latest in a string of similar transactions Appleby has assisted TBBR with over the last few years including their GBP 1.5 billion Euro medium term note programme, current GBP 350 million revolving credit facility alongside other transactions for funds advised by the Tritax Group such as the EUR 118 million acquisition of a regional distribution centre in Italy for Tritax Eurobox plc in 2018.

Appleby advises GBGI Limited on its acquisition by Guernsey scheme of arrangement

Appleby’s Guernsey office has advised GBGI Limited on its acquisition by Elm Bidco, L.P., a limited partnership controlled by affiliates of Further Global Capital Management, L.P.

Global Benefits Group is the world’s largest independent, fully integrated provider of international benefits.

The takeover was implemented by means of a scheme of arrangement approved by the Royal Court in Guernsey. The Appleby team advised Guernsey incorporated GBGI Limited (which was formerly listed on AIM) with all Guernsey law aspects of the scheme, which came into effect on 20 February 2019.

Appleby’s team in Guernsey consisted of Corporate Group Partner Andrew Harding and Dispute Resolution Partner Anthony Williams, supported by Counsel Chet Pohl and Associate Gary Orritt. Appleby worked alongside Allen & Overy LLP who acted as lead counsel to the target company.

Appleby advise on Santander banking transfer in Jersey and Isle of Man

Appleby has advised Santander on the transfer of their banking businesses in both Jersey and Isle of Man. The businesses of Santander UK plc, Jersey branch and Santander UK plc, Isle of Man branch, were transferred on 17 December 2018 into the respective Jersey and Isle of Man branches of Abbey National Treasury Services plc, pursuant to a transfer scheme in each jurisdiction, which have both received court-sanction. Appleby has previously advised on all recent similar court-sanctioned schemes in respect of deposit-taking business in both Jersey and the Isle of Man.

The Jersey team consisted of Partners Wendy Benjamin, Michael Cushing, David Dorgan, Tim Hart, and Richard Sheldon, supported by Senior Associate Gemma Whale, Associate Dilly Wright and Paralegal Angharad Prescott.

The Isle of Man team was led by Corporate Partner Juan Thornley, assisted by Senior Associate Eleanor Harding and Associate Camilla Griffiths-Rand, alongside Dispute Resolution Partner Mark Holligon, assisted by Counsel, Claire Corkish.

Appleby Jersey acts in ground-breaking trust litigation decision

In a landmark decision, the Royal Court of Jersey has held that a settlors’ exercise of personal powers of revocation of a trust should be declared invalid.

In the Representation of Jasmine Trustees Limited and another [2018] JRC 210, the Court held that the settlors of two Jersey law trusts, who each held a power of revocation, had not executed the powers of their own free will. Rather, the Court held that the settlors had been unduly influenced by a third party (the father and a beneficiary of the trusts) to exercise the power of revocation as part of his attempts to assert control over the trusts’ assets.

This appears to be the first occasion in which a court has declared a revocation notice given by the relevant power holder to be invalid and of no effect, and it will be interesting to see the wider impact this decision may have.

Appleby Dispute Resolution Jersey Partner Fraser Robertson and Senior Associate Amy Benest, acted for the successful Applicant in this matter.

Appleby Jersey acts in First Winding up of a Limited Partnership

Appleby acts in first winding up of a limited partnership by the Royal Court of Jersey under the Limited Partnerships (Jersey) Law 1994.

In Representation of Private Equity Fund Finance Limited [2018] JRC 194, the Royal Court of Jersey has for the first time made orders to bring about the orderly winding up of a Jersey limited partnership under Article 23 of the Limited Partnerships (Jersey) Law 1994 (the Law).

The limited partnership involved had been established in 1997 to invest in early stage European medical ventures. A Jersey incorporated company named Renaissance Partners Limited was the General Partner. By the time the matter came before the Court, there were four limited partners remaining, including the Applicant (which had been the largest capital contributor to the limited partnership).

The General Partner was struck off the register of companies on 1 October 2016 for failure to file its annual return. As the Court observed, the directors of the General Partner had apparently been assured that non-payment of the annual return fee ‘would result in the company going into a state of suspension, from which it could be revived at a later date on payment of a modest fine’. In fact, pursuant to Article 24 of the Law, the effect of the General Partner being struck off was the dissolution of the limited partnership. Upon dissolution, the assets were arguably bona vacantia and therefore escheated to the Crown.

The Applicant had reached an agreement with HM Receiver General for the assets to be returned to the custody of the Applicant, subject to payment of a fee on a time-costed basis (and to a cap of 5% of aggregate value). This enabled the assets of the dissolved limited partnership to be collected in and dealt with, without the expense of seeking to restore the General Partner to the register. In a decision which demonstrates a typically practical and commercially-minded approach, the Court blessed this agreement and made orders authorising the Applicant to collect in, realise and distribute the assets of the partnership. In the event that the assets proved insufficient to pay all creditor claims in full, the Applicant was ordered to return to Court for further directions prior to making any distributions.

Appleby Jersey Partner Michael Cushing and Associate Craig Campbell acted for the Applicant in this matter.

Appleby advises PraxisIFM Group on its acquisition of Nerine International Holdings Limited

Appleby Guernsey acted for long-term client PraxisIFM Group, in its acquisition of 100% of the issued share capital of Nerine International Holdings Limited, a Bahamian registered company, and its various overseas subsidiaries.

This is the fourth acquisition in two years in which Jersey and Guernsey Appleby teams have acted for the Channel Islands-based group and also follows the 2015 merger between Praxis and IFM Group and the 2017 investment and TISE listing.

Nerine is an independent group providing fiduciary servicing to alternative investment funds and international business clients with management, domiciliation, administrative, corporate and fund service solutions. With this key strategic acquisition, Nerine will help PraxisIFM Group to add significantly to the Group’s capabilities in private client and corporate services upon completion. It will also add two additional jurisdictions to the group’s service offering, and take its total number of offices to 15 with more than 520 employees.

The total consideration, payable in cash and equity, comprises the initial consideration of £16,534,383 and deferred payments payable on the first and second anniversaries with a maximum value of £23,620,547.

The deal is subject to various regulatory approvals.

The Appleby team was led by Group Partner Andrew Harding and Wendy Benjamin with assistance from Senior Associate James Walsh and Paralegal James Dickinson. The team acted as lead-counsel to PraxisIFM Group, and advised on all aspects of the transaction, including due diligence, negotiation of all transaction documents, regulatory change of control approval and employee retention matters.

Appleby advise on offshore aspects of £150m sale of Lombard division

Appleby provided Jersey, Guernsey, Isle of Man and Cayman legal advice in connection with the disposal by Lombard, the asset finance division of RBS, on the £150m sale of its offshore Channel Islands division by way of portfolio sale to specialist lenders Investec and Shawbrook Bank.

Working alongside lead counsel Addleshaw Goddard, Appleby provided multi-jurisdictional advice on the transaction, evidencing the collective strength of the team across the jurisdictions.

James Gaudin, Corporate Partner, supported by Gemma Whale, Associate with assistance from Kyle Sutherland, Corporate Partner (Isle of Man), Jeremy Berchem, Group Partner (Guernsey), and Caroline Barton, Corporate Partner (Cayman), led the team at Appleby from the Jersey office.

Relevant links

Appleby advise the SMP group on its acquisition of Helm Trust Company Ltd. (GUE – 19.07.19) Appleby advises Petropavlovsk Plc on the issue of USD125 million convertible bonds (JER – 10.07.19) Appleby advise Palatine Private Equity on its investment in SMP Partners (IOM – 24.06.19) Appleby advises JP Morgan Chase Bank N.A. on USA125 billion credit facility (JER – 28.05.19) Appleby advises on Manx Telecom Takeover (IOM – 23.05.19) Appleby advises Thomas Miller Investment on the sale of its offshore private client investment management business to Canaccord Genuity Wealth Management (IOM – 25.04.19) Appleby advises Aquatic Foods Group Plc on AIM listing (JER – 12.04.19) Appleby advises Tritax Big Box Reit Plc on the acquisition of DB Symmetry and a GBP 400m US private placement (IOM – 05.04.19) Appleby advises GBGI Limited on its acquisition by Guernsey Scheme of Arrangement (GUE – 21.02.19) Appleby advise on Santander banking transfer in Jersey and Isle of Man (CD – 10.01.19) Appleby Jersey acts in ground-breaking trust litigation decision (JER – 23.11.18) Appleby Jersey acts in First Winding up of a limited partnership (JER – 15.11.18) Appleby advises PraxisIFM Group its acquisition of Nerine International Holdings Limited (JER/GUE/IOM – 05.07.18) Appleby advise on offshore aspects of £150m sale of Lombard division (GUE/IOM – 25.06.18)