Michael Rogers

Senior Associate Guernsey
Michael Rogers
Michael is always a pleasure to deal with and is very organised and professional. He pays great attention to detail in order to ensure that matters ‘go right’ both in terms of service to the client and in the courtroom Citywealth Leaders List 2019

Overview

Michael is a senior associate in Ogier's Dispute Resolution team in Guernsey. His practice focusses on corporate insolvency proceedings, contentious trust matters, fund disputes and contentious regulatory advice. Michael also has a wealth of experience in relation to commercial disputes involving financial services products and investment vehicles.
  • Background & experience

    Michael has practised in Guernsey since 2012 and in that time he has advised fund managers, trustees and beneficiaries, leading financial institutions, insolvency practitioners and ultra-high net worth individuals.  Many of those cases have involved complex high value disputes often with a multi-jurisdictional element.  He has gained substantial experience of the complex procedure of the Royal Court of Guernsey and regularly advises on an array of interim matters including applications for service out of the jurisdiction, declaratory and Beddoe relief and case management hearings. Michael also advises international clients on cross-border commercial litigation and has been involved with fraud and asset recovery claims.

    Michael obtained a Bachelor of Law degree in 2007 from the University of Pretoria and was admitted as an Attorney in the Supreme Court of South Africa in 2009. He completed the Qualified Lawyers Transfer Scheme and was admitted as a Solicitor of the Senior Courts of England and Wales in 2016.  In 2019 he obtained the STEP Advanced Certificate in Trust Disputes with distinction.

    Michael's recent cases include:

    Restructuring & Corporate recovery

    • Acting on behalf of a trustee in circumstances where the beneficiary was declared bankrupt in a foreign jurisdiction and failed to declare trust assets of £2mil to his Trustee in Bankruptcy.  The Trustee in bankruptcy latterly obtained recognition of their powers in Guernsey in order to facilitate the orderly winding up of the estate.
    • Acting for an international Bank and latterly the administrators appointed over a Guernsey company which owned substantial London real estate.  The company was placed into administration which enabled the administrators to sell the real property and pay all creditors in full.

    Contentious Trusts

    • Acting for trustee in respect of a declaration that trust assets and income generated from those assets that were purportedly transferred to third parties for nil consideration be re-constituted as forming part of the trust.
    • Advising a trustee in a claim for £7mil against the former trustees concerning allegations of breach of trust, dishonest assistance and unauthorised profits.
    • Advising the trustee in administrative proceedings under the Public Trustee v Cooper jurisdiction.  The substantive proceedings involved an information gathering exercise in respect of a multi-billion dollar trading business and raised novel points of Guernsey trust law regarding disclosure of information by beneficiaries.

    Commercial litigation

    • Acting for a Guernsey Fund and its Manager in relation to defending letters of request issued pursuant to the Hague Convention by a US claimant
    • Acting on behalf of the former manager of a class B collective investment scheme in a claim for £4mil brought by the liquidators of the Fund. The claim involved defending allegations of mis-appropriation of investments, mis-management and fraud.

    Contentious Regulatory advice

    • Advising a global financial institution in relation to a regulatory investigation into its policies and procedures and involving a regulated business.  The allegations involve breaches of tax transparency rules and AML related concerns relating to the transfer of assets amounting to $1.4 bil.

    Memberships

    • Law Society of England and Wales  
    • Law Society of South Africa
    • STEP affiliate member  
    • Association of Restructuring and Insolvency Experts
    • Guernsey International Legal Association
  • Recognition

    Michael is always a pleasure to deal with and is very organised and professional. He pays great attention to detail in order to ensure that matters ‘go right’ both in terms of service to the client and in the courtroom Citywealth Leaders List 2019
    Michael is an experienced and professional lawyer who is also very easy to work with. He always keeps us well informed, explaining each stage in the process, and his turn-around time is impressive. A knowledgeable and safe pair of hands Citywealth Leaders List 2018
    Michael has added significant offshore litigation experience to the dispute resolution team since he joined the firm at the start of the year, particularly in the area of restructuring and insolvency work, where his qualifications are an asset. Citywealth Leaders List 2017