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Sinels Blog

 

Perseverance pays

Philip Sinel, Jersey Advocate and litigation lawyer

Debtors that flee fast and far when confronted with repayment cause innumerable problems for finance houses and restitution agencies. But, with a little legal know-how and a fair dose of perseverance, even the flightiest can be made to pay what they owe. ...

CHALLENGING A WILL AND CONTENTIOUS PROBATE

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In Jersey, there is a distinction between immovable and movable property.  These, broadly speaking, are analogous to real and personal property (ie houses, buildings, land on the one hand, and everything else on the other hand).  If a person wishes...

THE PARLIAMENTARY REVIEW

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We are delighted that Advocate Philip Sinel was invited to submit an article for The Parliamentary Review. Please click on the below link for the full publication. ...

HOW SMART LITIGANTS WIN PROFESSIONAL NEGLIGENCE ACTIONS...

Philip Sinel, Jersey Advocate and litigation lawyer

...AND HOW SMART PROFESSIONALS DEFEAT PROFESSIONAL NEGLIGENCE ACTIONS This is an area which has seen a rising number of cases in recent years. The terminology “professional negligence” is almost a contradiction in terms. Actions of this sort...

THE PROBLEM WITH ACCESS TO JUSTICE

Robin Leeuwenburg, Jersey Advocate and litigation lawyer

It is a shame when a policy that is intended to increase the public’s access to justice is equally responsible for another party’s inappropriate, and costly, involvement in unmeritorious proceedings. That is exactly what happened in a recent...

Pre-Nuptial Settlements - An Overview

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Before you get married or become civil partners you and your partner may want to consider what will happen to your assets if the relationship should breakdown.  Discussing these issues early on can help ensure that solid foundations are in place to...

Uncapped damages for Jersey doctor

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Uncapped damages for Jersey doctor after the Royal Court finds that the States Employment Board breached his contract after wrongful sacking Mr Amar Alwitry claimed that the States Employment Board (“SEB”) breached his contract of employment...

Successful Enforcement Abroad

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Each jurisdiction has its own positives and negatives when it comes to enforcement. It is never so simple anywhere as, “here is a judgment, I would like some money”. Recalcitrant debtors tend to be quite adept at hiding their assets and...

Construction Disputes

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Construction Disputes: Early Consideration Avoids Disappointment Later In a recent report issued by the States of Jersey estimating the size and performance of Jersey’s economy in 2017, construction recorded the strongest growth among other sectors in...

Libor is Dead - Long Live the Next Reality Shift

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Widely reported have been a rash of prosecutions brought belatedly against traders for rigging Libor and indeed other benchmark rates. Some of these prosecutions do not appear to be undeserved: “Oh bullshit, strap on a pair and jack up the [3 months...

How Smart Litigants and Unhappy Beneficiaries Make Millions

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How Smart Litigants and Unhappy Beneficiaries Make Millions Out of Trust Litigation   We have been successfully suing trustees for over three decades. Just before Christmas 2017 we made another seven figure recovery from a large corporate...

Cross Border Black Holes and Collections

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September was a good month for Booroola (Jersey) Limited in dealing with some historic debts for our co-venturees. Recoveries and monies flowing back to us from both Dubai and Kuala Lumpur. Grateful thanks to our colleagues in those countries Sivabalan...

Wonga collapse

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Wonga has finally collapsed - good riddance.  How you manage to go bankrupt when you are charging interest with an advertised APR over 1000% per annum is difficult to work out, unless you factor in greed and disingenuity. Lending vulnerable members of...

Banker Fraud?

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Media reports and online research indicate that a California federal judge has recently refused two bids by a former Barclays trader to have dismissed, without trial, indictments relevant to an alleged scheme to defraud Hewlett-Packard. Robert Bogucki was...

Lawyer Confidential

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Sinels has recently achieved a significant success before the Jersey Court of Appeal in a landmark case which clarifies the nature of the relationship of confidence between a lawyer and his or her client.  In a judgment delivered by Bompas, JA,...

High Net Worth Divorces

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This is the first in a series of blogs about matrimonial law.  Remembering always that the aim in divorce proceedings is to get a fair settlement with the minimum amount of disruption and time it takes to do the job properly and with the least...

Family Dispute Resolution - A Real Alternative to Court for Divorcing Couples

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Children and money are often the main source of stress and concern when a couple find themselves in the trauma and tension of divorce. Catia Tavares, as Head of Family Law and Wills and Probate at Sinels,  says ‘I have been at Sinels for nearly 9...

Attaining Best Price

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Where an individual or company is unable to meet their debts and liabilities and usually as a last resort when avenues and attempts at compromise have been exhausted, the Court may declare the property of the said bankrupt en désastre .  The...

Legal Aid and Human Rights

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Have you been refused legal aid?  Have you wondered whether the process is fair? In Jersey, when someone applies for legal aid in a civil matter (ie not relating to a criminal matter), the legal aid office (effectively a Jersey lawyer plus assistants)...

Constitutional Change - How long will it take?

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This is a short blog dealing with one aspect of what is going to be a topic for political debate for some time, a debate which, in the author’s view, can only at some stage be resolved in favour of the proponents of change, that is to say, the long...

Paradise Papers Part 2

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PARADISE PAPERS: PART 2 After the dust settled on the so-called “Paradise Papers”, a leak of over 13 million documents from, principally, the system of offshore law firm, Appleby, it became obvious to most that the headline-stealing reports...

Another Offshore Leak

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In May 2016 I sat in Miami at the Offshore Alert Conference as the debate over the Panama Papers was livestreamed all over the globe. The presentation was by the International Consortium of Investigative Journalists (ICIJ), a self-styled community of two...

Using stolen documents: Advocate James v Law Society of Jersey

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Using stolen documents: Advocate James v Law Society of Jersey [2017] JRC047B This case concerns the use of documents not obtained via proper means, and in particular, the obligations of a lawyer in respect of those documents. Summary ...

Constitutional Change

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The long awaited report and recommendations from the Independent Jersey Care Inquiry have, at long last, appeared. The Island owes a great debt to a number of people: Frances Oldham QC and her two panel members, Professor Sandy Cameron and Mrs Alyson...

LIBOR Fixing - what does this mean for me?

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  Sinels has recovered tens of millions of pounds from a variety of banks over a number of years.  Recent focus has been on the mis-selling of LIBOR-related products, primarily swaps, a form of Interest Rate Hedging Product (which are the focus of...

Two senior appointments to our Jersey team

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Advocate Robin Leeuwenburg, a litigation expert with extensive experience of handling complex commercial, trust and financial services cases, has joined Sinels Advocates as a Partner. He will work alongside newly-appointed Partner, Advocate Steven Chiddicks,...

Abuse of Power - Regulating the Regulator

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W  v The Jersey Financial Services Commission [2016] JRC 231A   We act for the Appellant in a long running litigation with the Jersey Financial Services Commission (the “Regulator”) and we have just received an interlocutory...

Continuing condemnation of the SEB by the Complaints Board

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Following the Complaints Board’s second publication which continued to condemn the conduct of the States Employment Board (SEB), Dr Alwitry issued a press release.  Image: Dr Alwitry ​Source: Circle Health Extracts of...

The dismissal of Dr Alwitry and where the States are now...

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Dr Alwitry’s unlawful sacking has been an ongoing feature in the local press and has been the subject of much debate in the States Assembly.  Dr Alwitry’s case has received substantial support from several politicians, and as a result, a...

Sinels EQ

Philip Sinel, Jersey Advocate and litigation lawyer

Introducing our blog: ‘Sinels EQ’ “All men by nature desire to know” … Aristotle Why Sinels EQ? Blogging about legal matters should be written by ‘those in the know’ in order to be informative, newsworthy...

Panorama - The Trillion Dollar Con-Man

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Click here to view Philip Sinel on Panorama talking about Russell King....