Trust Essentials - May 2017

Introducing two new partners to Ogier's Private Client and Trusts team

We are pleased to introduce you to two of our new trusts partners: James Campbell in Jersey and Gavin Ferguson in Guernsey. Both come to us with years of experience in their fields and are among the top Private Client and Trusts lawyers in the Channel Islands.

James advises professional trustees, family offices, intermediaries and high-net worth families on all aspects of Jersey trusts, foundations and estate planning. Gavin is qualified in Guernsey and BVI law and provides both contentious and non-contentious trust and foundation advice. He also advises on regulatory matters and has a personal fiduciary license. Both James and Gavin have a particular focus on private trust companies and have experience in Sharia compliant structures.

Gavin has been recognised as "one of the island's top trust lawyers" by Chambers UK 2017 and James has been described by Legal 500 UK 2016 as a "top-notch lawyer".

We're very pleased to have attracted two big names to our team along with a group of senior hires who have joined the Guernsey team with Gavin. You'll be hearing more from both of them in the coming weeks and months. Read more

Novel points of law raised over submission by a Guernsey trustee to a foreign jurisdiction

A recent decision of the Royal Court has considered for the first time whether a Guernsey trustee should submit to the jurisdiction of a foreign court.

The application took place in camera, however the Deputy Bailiff handed down his reasons to the application on 24 April 2017 due to the novel points of law raised by Advocate Mathew Newman, head of Ogier's Guernsey Dispute Resolution team, which he felt deserved wider dissemination. Read more

Beddoe relief where a third party claim may exhaust trust assets 

The Honourable Chief Justice Anthony Smellie QC has delivered an important judgment, clarifying the ability of a Cayman Islands trustee to obtain Beddoe relief when faced with a third party claim that exceeds the value of the assets currently held in trust^.

In reaching this decision, the Chief Justice also addressed the scope of a third party litigant's ability to participate in a Beddoe application and who should bear the burden of costs. Read more

Ogier named Best Offshore Law Firm at WealthBriefing European Awards

Ogier was named Best Offshore Law Firm at the prestigious WealthBriefing European Awards 2017 in London on 9 May – the third award of its kind that we have won in 2017.

The award marks innovation and excellence during the past 12 months in global private banking, wealth management and trusted adviser communities.

Ogier was also this week nominated in the Offshore Law Firm of the Year category in The Lawyer Awards 2017 – we're looking forward to the event on 27 June.

Already this year, we have been named Law Firm of the Year in both the Jersey and Caribbean categories at the Citywealth IFC Awards, while Global Head of Private Client and Trusts, patner Sally Edwards, won the Leadership Award: Professional Services IFC and Head of Marketing Kate Kirk won Woman of the Year: Business Services at Citywealth's Power Women Awards. Read more

Jersey's strategic focus on high quality regulation continues to yield dividends

Market commentary from our Global Senior Partner Steve Meiklejohn

"While the Panama Papers made headlines about the offshore world, the reality for Jersey was that the work that has been done to carve ourselves a role as a financial services centre that bases its reputation and "sales pitch" on the strength and quality of its regulation is continuing to pay off..." Read more

Ogier's Trusts Advisory Group

Ogier's Trusts Advisory Group draws together experts from different disciplines and locations to provide a seamless contentious and non-contentious advisory service which also includes relevant corporate support. Meet Ogier's Trusts Advisory Group