Appleby > St Helier, Jersey > Firm Profile
Appleby Offices
13-14 ESPLANADE
ST HELIER
JE1 1BD
Jersey
Appleby > The Legal 500 Rankings
Jersey > Corporate and commercial Tier 1
Appleby‘s corporate offering stands out for its special situations M&A practice, with the firm frequently advising on the acquisition of distressed target companies and associated restructuring measures, in addition to public and private M&A. The firm has a strong focus on the private equity and real estate sectors and provides regulatory assistance to financial services clients. Andrew Weaver
takes the lead, with his practice covering M&A, equity offerings and structuring advice. Iain Millar assists with commercial real estate transactions and private equity deals.
Practice head(s):
Andrew Weaver
Other key lawyers:
Iain Millar; Christophe Kalinauckas; Tom Vibert
Testimonials
‘Very commercial and efficient team, with high level of attention to detail.’
‘Excellent market knowledge and commercial advice.’
‘Iain Millar gave commercial and pragmatic advice.’
‘Christophe Kalinauckas is very responsive and provides clear guidance.’
‘Highly responsive and adaptive. We have worked on a number of deals with periods of alternating high and low activity and they have adjusted the team and working methods in both directions to suit our requirements. Technically talented too.’
‘Andrew Weaver has a great ability at managing progress and keeping people (including the clients) focused on the real issues. I have every confidence that anything passed his way will be dealt with promptly and efficiently.’
Key clients
Advanz Pharma Corp. Limited
American Express
Ashby Capital LLP
Aquiline Capital Partners LLC
Bain Capital Private Equity
Barclays Bank plc
Brookfield PE
Brookfield Real Estate Secondaries
Chevron
Fortescue Metals Group
Highbridge Capital Management LLC
HSBC Bank plc
La Salle Investment Management
Livingbridge EP LLP
Lloyds Banking Group plc
Mohsin Issa and Zuber Issa
NorthEdge LLP
Optimizely, Inc.
Perwyn Advisors UK Limited
PraxisIFM Group
Saipem S.p.A
Santander
Savannah Petroleum plc
Suntera Global
TDR Capital LLP
Tritax Box REIT plc
Värde Partners
Work highlights
- Advised Euronext Amsterdam and Vienna Stock Exchange-listed Atrium European Real Estate on the completion of a €1.45bn take private by Gazit Globe.
- Advised Milan Stock Exchange-listed Saipem on the $550m sale to KCA Deutag of its stakes in onshore drilling operations, including in the Middle East, Africa and the Americas.
- Advised Aedifica SA/NV on its entry into the Crown Dependencies with the acquisition of a portfolio of care homes in Jersey and Isle of Man, alongside an acquisition of the care business by French group Emera.
Jersey > Banking and finance Tier 2
The team at Appleby advises clients on both the borrower and lender side of finance transactions, assisting corporations, banks, private equity and sovereign wealth funds with real estate, leveraged and fund financing facilities, in addition to providing insolvency advice, making use of its international network to advise on large-scale, cross-border matters. James Gaudin leads the practice, handling finance transactions, corporate restructuring matters and insolvencies. Iain Millar advises on a wide range of financing issues, offering support with leveraged finance, distressed debt and Islamic finance transactions, among others. Christophe Kalinauckas handles debt finance transactions. Senior associate Daniel Healy is also noted, and Simon Felton joined the practice in mid-2023.Practice head(s):
James Gaudin
Other key lawyers:
Testimonials
‘Approachable, responsive and reliable. Appleby understands our business, and I am always confident that Appleby will provide commercially-focused, pragmatic advice.’
‘Daniel Healy is a cut above the rest. He has the calmness of a partner and manages transactions consummately.’
‘Great team – technically very good, responsive and approachable.’
‘The Appleby team are very knowledgeable, understand their market and are very personable. Appleby’s Jersey platform has a team with broad strengths and a real enthusiasm to get the deal done in the best manner possible.’
‘Daniel Healy has an excellent balance of legal expertise and commercial acumen. He knows which points to fight for and which to give up, always getting the right result with the deal done on time and without fuss. He is extremely responsive and always delivers.’
‘A fairly small practice but with good knowledge and experience that enables them to respond quickly and deal with our questions and problems in a speedy and efficient manner.’
Key clients
Ashby Capital
Barclays
HSBC
Lloyds
National Westminster Bank
Oak-North Bank
Silicon Valley Bank
Tritax Group
Work highlights
- Advised a major private equity firm on the funding arrangements for two separate PBSA portfolio acquisitions.
- Advised Blackstone on the funding arrangements relating to Permira’s $5.8bn acquisition of Mimecast.
- Advised SMCB on a number of NAV facilities.
Jersey > Capital markets Tier 2
In addition to its work on public and private bond issuances and TISE listings, Appleby has grown its EU-compliant CLO practice, as well as advising Cayman-based clients on the migration of their businesses to Jersey. James Gaudin heads the practice, advising on structured finance deals and CLOs. Christophe Kalinauckas specialises in debt capital markets instructions, with a particular focus on TISE listings, while counsel Paul Worsnop advises on securitisation, structured finance and CLOs. Associate Tom Vibert has expertise advising on the span of CLO transactions, and Simon Felton joined the team in mid-2023.Practice head(s):
James Gaudin
Other key lawyers:
Testimonials
‘Tom Vibert is very thorough and knowledgeable. He is always responsive and proactive on transactions, doing what’s necessary to get the deal over the line.’
‘The USP for this team is their practical and tailored commercial advice, they don’t hide behind legal jargon or caveats.’
‘The stand-out individual is Paul Worsnop! He’s accessible and practical with the advice he gives.’
‘The capital markets team has in-depth knowledge of securitisation and collateralised structures. Lawyers involved are friendly and approachable – and explain things in a clear, plain English way. The team have also been willing to provide ongoing training – which has proven invaluable.’
‘The team’s experience isn’t limited to their legal knowledge. They also draw on previous career experience and genuine personal interest in esoteric asset classes. Paul Worsnop (in particular) is excellent at understanding complex issues involving cryptocurrency and decentralised finance, having previously worked in the technology sector.’
‘The Appleby team is strong across the breath of financing transactions involving Jersey structures. They are on top of local regulatory and legal developments and quick to deal with tricky technical questions as they arise and provide practical solutions.’
‘Tom Vibert has great experience across the breadth of capital markets transactions. His background having acted as main transaction counsel on similar deals really shines through, which means that he has a deep understanding of the transactions and what is expected from local counsel. He is very responsive and a knowledgeable and friendly adviser.’
Key clients
Tenzing LLP
G City Europe Limited
Livingbridge EP LLP
Värde Partners L.P.
ECI Partners
Endless LLP
Work highlights
- Instructed as listing agent to advise Axian Telecom on its listing of $420m 7.375% senior notes due 2027 on the International Stock Exchange.
- Instructed as listing agent to advise ION Technologies and group companies on the listing of over $1bn notes on the International Stock Exchange.
- Instructed as listing agent to advise a number of portfolio companies of Endless on the listing of a number of notes on the International Stock Exchange.
Jersey > Commercial property Tier 2
Appleby advises developers on their commercial and residential projects from the early stages of development to disposal, in addition to providing support with financing arrangements. Practice head John Bisson has a wealth of experience assisting developers in Jersey, focusing primarily on commercial property matters. Property finance, estate planning and probate specialist Kate Westwater joined the firm as a counsel in June 2022 from BoisBois Lawyers.
Practice head(s):
John Bisson
Other key lawyers:
Testimonials
‘The wider team at Appleby are very efficient and diligent. Whenever we have dealt with assistants, conveyancers, associates and other members of the practice, I have always been impressed by their commitment to complete tasks to often tight deadlines.’
‘John Bisson has been incredibly supportive and loyal in what has been a difficult period for the company – something which has not gone unnoticed. John is experienced, highly respected in the industry, and commercially-minded – always offering very clear, concise advice and opinions. It has been incredibly reassuring to have him representing us since we engaged with Appleby.’
‘With the property team headed by the island’s most experienced property lawyer, Appleby offers the strongest and most reliable commercial and residential property legal advice you could obtain in Jersey. Appleby has always provided an excellent service with appropriate response times.’
‘John Bisson would be considered as the Island’s strongest and most experienced property lawyer, able to advise on and devise unique property transaction structures where required.’
‘The Appleby team have been one of the top commercial and residential property teams for many years. I have personally dealt with Appleby on multiple commercial property matters, the majority of which have reached a successful conclusion.’
‘John Bisson is recognised as one of the top property lawyers currently and has certainly been so for many years. John has the capabilities of understanding and unravelling complex transactions and bringing matters to a sensible conclusion within a short timeframe.’
‘Depth of local knowledge spanning many decades of transactions.’
‘John Bisson gives commercially astute advice on property matters.’
Key clients
Barclays Bank Plc
HSBC Bank Plc
The Royal Bank of Scotland International Ltd
Lloyds Bank Plc
Butterfield Bank (Jersey) Limited
Oaknorth Bank Plc
Santander Financial Services Plc
Dandara Group
Palladium Group
Aedifica UK Limited
Hettich Jewellers Limited
Collinson Wood
Stonehage Fleming
Work highlights
- Advised Aedifica Group on the acquisition and letting of a portfolio covering Jersey and Isle of Man care home properties valued at over £40m, in conjunction with the acquisition by a third party of the care home business itself.
- Advised Dandara Group on a funding facility with NatWest in respect of the office development being carried out in Jersey by Dandara for the Government of Jersey to create the government’s new headquarters, which will have a value in the region of £100m.
- Advised the Palladium Group on the acquisition of a fully let commercial property in Jersey valued at over £4m, with a view to its investment value and potential redevelopment to create multiple residential units.
Dispute resolution Tier 2
Appleby leverages its international network to handle the gamut of commercial litigation, with areas of particular strength being trust disputes, insolvency and restructuring. Core team members include Fraser Robertson, who is noted for his professional negligence and contracts work, in addition to covering trusts issues. Niall MacDonald handles employment, trust and contentious regulatory proceedings. Senior associate Lara von Wildenrath‘s practice encompasses fraud, insolvency and asset recoveries, alongside a range of commercial disputes.
Other key lawyers:
Testimonials
‘A well established Jersey law firm in all the big cases.’
‘Niall MacDonald – personable with wide experience. A good team player.’
‘They are always helpful, patient and responsive when I try to contact for discussion and advice, and they are also helpful in co-ordination between varies parties, and are able to deliver the solution precisely.’
‘I mostly work with Niall MacDonald. He is a responsive lawyer who is easy to talk to and is always demonstrating his legal expertise and professionalism during the provision of the legal services to my company’s case.’
‘The team members at Appleby were very responsive, helpful and experienced in their field.’
‘We worked with Niall MacDonald. He is very clever, analytical and talented in applying the law to the facts in the case at hand.’
Key clients
Advanz Pharma
Alix Partners
Barclays Group
Canaccord Genuity Wealth
CMS Cameron McKenna Nabarro Olswang
Deloitte LLP
Eversheds Sutherland
Family Nursing & Home Care
Government of the Federal Republic of Nigeria
Grant Thornton Limited
HSBC Group
HWA 555 Owners LLS as a subsidiary of the Vornado Realty Trust
PraxisIFM
Suntera Global
VCI Limited
Zedra Trust Company (Jersey) Limited
Work highlights
- Acted for beneficiaries of a Jersey trust following successful hearings before the Royal Court of Jersey in relation to challenging the removal of trustees and notices of revocation of trust, and then advised on the proposed partitioning of the trust.
- Acted for Vornado Realty Trust in the insolvency of Redox.
Jersey > Employment Tier 2
Appleby’s pan-Channel Island employment team advises financial institutions and senior executives on employee exits and has been increasingly instructed on investigatory matters, including those concerning regulatory misconduct. Employee share schemes are a further area of expertise. Practice head Richard Sheldon, whose practice encompasses both Jersey and Guernsey, advises on complex severance matters where employment, directorship and shareholder issues intersect. Niall MacDonald regularly handles contract drafting, immigration and business licensing issues, and the enforcement of post-exit obligations. Associate James Gallimore joined the firm in January 2023 from Simmons & Simmons, and is well versed in both contentious and non-contentious employment matters, including unfair dismissal and discrimination claims.Practice head(s):
Richard Sheldon
Other key lawyers:
Testimonials
‘Richard Sheldon and his team put the client relationship and understanding of their needs at the forefront of their advisory practice. The advice therefore reflects the culture and commercial needs of the business, rather than just interpreting legislation and the facts of any matter.’
‘Richard Sheldon is a trusted business partner and feels like a part of the team when providing advice. He consults thoroughly with the business to ensure he is clear on the brief and requirements, provides nuanced recommendations and partners the company throughout any process, adapting any advice in real time to respond to given circumstances.’
‘Appleby understand the importance of our work in delivering high quality, safe and effective services. They are responsive and supportive and always work in our best interests, often finding ways to reduce resources and costs without compromising on quality.’
‘Niall MacDonald has provided my organisation with an exceptional service. Niall is approachable, accessible and very responsive. Niall considers all eventualities and provides information in a way that supports informed choice and decision-making. When facing difficult circumstances, Niall is fully prepared, his knowledge and skills provide confidence and security.’
‘The practice is always professional when dealing with our complex international requirements and has the ability to access “experts” for our matters.’
‘Richard Sheldon and the team have the ability to speak in appropriate language to help the lay person understand.’
‘Niall MacDonald was outstanding. From initial contact to conclusion we were treated with the utmost professionalism and courtesy.’
‘Niall MacDonald was excellent – he worked hard on our case and provided us with sound legal advice and documentation and kept in regular contact. Niall took the emotion out of the case for us and made sure also that we were all content with how things were moving forward.’
Key clients
Barclays Group
Canaccord Genuity Wealth
CMS Cameron McKenna Nabarro Olswang
Eversheds Sutherland
Family Nursing & Home Care
HSBC Group
PraxisIFM
Sanne Group
Suntera Global
Work highlights
- Advised an international institution on the exit of a chief executive based in Jersey who was also shareholder of group entities elsewhere.
- Advised an international financial services business on issues concerning a senior executive on garden leave.
Jersey > Investment funds Tier 2
Appleby‘s funds team marshals its ‘very strong technical capabilities’ to advise new market entrants and established players on the formation, financing and structuring of fund and co-investment products in the Jersey market, with notable expertise in the private equity, listed and real estate funds sectors. The firm is also adept at handling fund and financing regulatory issues, particularly the restructuring of funds. Practice head Andrew Weaver supports private equity, hedge and real estate funds with regulatory matters. Paul Worsnop, who was made counsel in April 2023, specialises in fund formation and finance issues.
Practice head(s):
Andrew Weaver
Other key lawyers:
Testimonials
‘The Appleby team have an incredible amount of knowledge, both of the local regulatory environment and the client. Most workstreams are complex due to the client nature but always dealt with in a professional and calm manner. We learn a great deal about the regulatory environment through our dealings with Appleby.’
‘Andrew Weaver and Paul Worsnop both have an in-depth knowledge. Whenever we embark on a new piece of work it is always made very clear to us what is required, why and the timescales we are working to. We see Appleby and these two lawyers in particular as essential to ensuring we are able to service our client in the best possible way.’
‘The team are particularly creative in how they think through a problem, and collaborative in working to find a solution to meet client needs and expectations. They have very strong technical capabilities, which help them come up with solutions. I would say they seem more strongly versed in the technicalities of the law than some of their competitors.’
‘I work primarily with Andrew Weaver and Paul Worsnop. Andrew is very personable and pleasant, with excellent technical skills and a collaborative and helpful approach to finding solutions. He is supported by Paul Worsnop, who is friendly and helpful to clients.’
‘We work directly with Paul Worsnop who is outstanding, both in being very responsive at all times, and very pragmatic and creative in his problem solving.’
Key clients
Heligan Group LLP
Altor Funds
Stirling Square Capital Partners
Tritax Group
Work highlights
- Advised Heligan Group on the launch of its first Jersey fund, Heligan Private Equity I.
Jersey > Private client, trusts and tax Tier 3
Appleby‘s team advises clients on complex trust matters, working alongside the firm’s dispute resolution practice where issues become contentious and utilising the firm’s presence across the UK’s offshore jurisdictions to assist with cross-border matters. Following the June 2022 departure of former practice head David Dorgan to JTC Law, non-contentious trusts and foundations specialist Nichola Aldridge took over leadership of the practice, having joined from Carey Olsen in September 2022. In further team news, non-contentious trusts expert Giles Corbin joined from Mourant as a consultant in November 2022.Practice head(s):
Nichola Aldridge
Other key lawyers:
Testimonials
‘The team at Appleby have been very proactive, for example offering training sessions to our staff and arranging introductions to their wider team and, where applicable, third parties. They are excellent at building, and maintaining, relationships.’
‘Nichola Aldridge has been an excellent hire for Appleby. She has great attention to detail and is able to simplify the complicated. Her fee quotes are always competitive and her response time is excellent. Even where there is scope to do otherwise, she endeavours to stick within budgets and agreed timeframes.’
Guernsey > Employment
Appleby‘s employment team spans all three Crown Dependencies, representing financial services companies in disputes concerning directors and other senior employees, with further strengths in conducting investigations on behalf of clients and assisting with redundancies and data protection matters. Richard Sheldon leads the team, focusing in particular on contentious departures of senior employees. Niall MacDonald handles tribunal proceedings in addition to a range of non-contentious matters, from immigration and business licensing, to contracts and employment policies. Having joined from Simmons & Simmons in January 2023, associate James Gallimore handles both contentious and non-contentious employment issues.Practice head(s):
Richard Sheldon
Other key lawyers:
Testimonials
‘Appleby has provided guidance and oversight on business-wide processes as well as specific support on individual cases. They make themselves available at any time and are responsive and precise with the contribution they make.’
‘We work with Richard Sheldon at Appleby. He can be relied on to be quick, responsive and accurate in his dealings with us. Where needed he provides clear direction on key employee engagement and where required takes responsibility for drafting specific communications.’
‘Once a file was opened, the speed of response to queries was exemplary. We are a small organisation and Niall MacDonald was mindful to keep us aware of costs and advise where and how we could take steps to minimise these.’
‘We were so lucky to be allocated Niall MacDonald. He was responsive to queries and explained everything in a clear, logical manner without the use of jargon. He absorbed the information we gave him rapidly and was empathetic to our concerns for staff members. He was knowledgable and professional but above all kind and calming in a very stressful situation. I couldn’t recommend him more highly.’
‘Professional, engaging and practical advice given. Billing is clear for services provided.’
‘Richard Sheldon – engaging, practical, solution focussed, responsive.’
Key clients
Barclays Group
Canaccord Genuity Wealth
CMS Cameron McKenna Nabarro Olswang
Eversheds Sutherland
HSBC Group
PraxisIFM
Sanne Group
States of Guernsey
Suntera Global
Work highlights
- Drafting the official statutory guidance on behalf of the States of Guernsey to accompany the new Discrimination Law following a tender process.
- Undertaking a number of confidential investigations, including in relation to sanctions and a potential fraud by a director.
- Advised on a major redundancy programme for one of the largest non-financial services companies on the island.
Guernsey > Dispute resolution
Appleby‘s dispute resolution team typically represents financial services clients in regulatory, contentious insolvency, financial crime and data protection matters, with further expertise in trusts. Anthony Williams heads up the practice, with a commercial disputes practice which covers investment funds, regulatory enforcement and insolvency. Richard Field is a regulatory specialist, handling anti-money laundering and data protection issues, while Richard Sheldon is responsible for contentious employment matters. Senior associate Alex Thornton de Mauroy has expertise in corporate disputes. James Gallimore joined the firm in January 2023 from Simmons & Simmons, and has a focus on employment disputes.Practice head(s):
Anthony Williams
Other key lawyers:
Testimonials
‘Ability to come up with solutions that address the client’s legal needs in a complex litigation.’
‘Alex Thornton de Mauroy – exceptional attention to detail.’
‘High levels of service, quick turnarounds, very easy to work with.’
‘Richard Field – he is excellent on data protection and cyber matters. His extensive experience is incredibly useful. He is responsive and excellent with clients.’
‘Richard Field ensured he and his team clearly understood the mandate and applied his knowledge, skills and expertise to find solutions to a highly complex situation.’
‘Richard Field is the go-to lawyer for all data protection matters. Very switched on to developments in the law and understands the needs of our business.’
‘Richard Field is very personable and dependable and I would have no issue in recommending Appleby. He is up-to-date on what is happening in the market and has experience with the regulator, which is reassuring.’
‘We work with Richard Field. He brings experience, professionalism and integrity to all the work he does. The whole team at our office enjoy working with him – he is very personable and easy to communicate with, even when matters are complex he has a way of ensuring clarity and focus.’
Key clients
Aareal Bank AG
CBW
CRGF GP Ltd
Deloitte LLP
EPEA Fund Services
Grant Thornton
HSBC Group
Northern Trust
Oak Group
Peters & Peters
PraxisIFM Group
Snapper Investments Inc
Standard Chartered Trust
Standard Bank Group
Standard Chartered Bank
Teneo Financial Advisory Limited
Utmost Worldwide
Work highlights
- Defended EPEA Fund Services (Guernsey) against claims by the liquidators of Lavaux Capital in connection with failed fund investments.
Appleby > Firm Profile
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.
Main Contacts
| Department | Name | Telephone | |
|---|---|---|---|
| Office managing partner; Corporate | James Gaudin | ||
| Property | John Bisson | ||
| Dispute Resolution | Jared Dann | ||
| Corporate | Christophe Kalinauckas | ||
| Dispute Resolution | Niall MacDonald | ||
| Corporate | Iain Miller | ||
| Dispute Resolution | Fraser Robertson | ||
| Corporate | Andrew Weaver | ||
| Dispute Resolution | Olwyn Barry | ||
| Corporate | Andrew Jowet | ||
| Dispute Resolution | Richard Sheldon | ||
| Corporate | Simon Felton |
Lawyer Profiles
| Photo | Name | Position | Profile |
|---|---|---|---|
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John Bisson | John Bisson is a Partner within and leads the Property department in… | View Profile |
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Jared Dann | Group Partner | View Profile |
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James Gaudin | James Gaudin is the Office Managing Partner in Jersey and a partner… | View Profile |
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Christophe Kalinauckas | Christophe Kalinauckas is a partner within the corporate department in Jersey and… | View Profile |
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Niall MacDonald | Niall MacDonald is a Partner in the Dispute Resolution department in Appleby’s… | View Profile |
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Iain Millar | Iain specialises in all aspects of corporate and private equity work, M&A,… | View Profile |
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Gemma Palmer | Gemma is Counsel within the Corporate department in Jersey. | View Profile |
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Fraser Robertson | Fraser Robertson is a Group Partner in Dispute Resolution department in Jersey.… | View Profile |
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Andrew Weaver | Andrew Weaver is Corporate Local Practice Group Head in Jersey. He specialises… | View Profile |
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Lara von Wildenrath | Lara is a Senior Associate in the Dispute Resolution department at Appleby… | View Profile |
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Paul Worsnop | Paul Worsnop is Counsel within the corporate department in Jersey. He has… | View Profile |
Staff Figures
Number of partners : 9 Number of other fee-earners : 18Languages
English SpanishOther
Main Contact : James Gaudin, Office managing partner Other offices : Bermuda Other offices : British Virgin Islands Other offices : Cayman Islands Other offices : Guernsey Other offices : Hong Kong Other offices : Isle of Man Other offices : Mauritius Other offices : Seychelles Other offices : ShanghaiNotable Cases
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)
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