Blog

What Is Swaps Litigation?

Swaps litigation is shorthand for claims arising out of interest rate hedging products sold to businesses alongside a loan. What the products were, why the sales generated so much litigation, how the position works in Jersey, and why these claims suit group treatment.

Suing Banks in Jersey: What Claimants Need to Know

Most people assume a bank is too big to sue. In our experience the bigger obstacle is usually finding a firm that is free to act against one. What claims against banks look like, why the documents decide them, and why timing matters more than most people expect.

Family Law Article In Gallery Magazine

Sinels Featured in Gallery Magazine: Family Law and Mental Health   We’re pleased to share that Sinels has been featured in the latest issue of Gallery magazine, with a full article on Family Law, Divorce, and Mental Health, appearing on pages 44–45. The article offers valuable insight into how divo

Material Non-Disclosure in Matrimonial Proceedings

Full And Frank Disclosure, Jersey Court Oversight, And Why Delay Can Be Fatal   As if divorce is not hard enough in itself, with depressing frequency we encounter cases where, after the event, one spouse finds evidence of material non-disclosure that would have made a significant difference.  We are

Upholding the Will: High Court Affirms Critical Weight of Solicitor’s Notes

Why Solicitor’s Notes Proved Crucial in Jenkins v Evans The recent High Court decision in Jenkins & Anor v Evans [2025] EWHC 2438 (Ch) offers guidance for private client practitioners, providing a powerful reminder of the importance of meticulous note-taking throughout the will drafting and executio

£48 Million Secret Sinks Pre-Nup in Court of Appeal Ruling

Court of Appeal Overturns Pre-nup After £48 Million Non-disclosure In a stunning victory for a former husband, the Court of Appeal has overturned a pre-nuptial agreement, finding that a wife’s deliberate failure to disclose over £47 million in assets vitiated the deal. The case, Entwistle v Helliwel

Bad Trusteeships in Jersey: Protecting Beneficiaries and Mismanagement

What Is a Bad Trusteeship in Jersey? In Jersey, trustees play a crucial role in safeguarding and managing trust assets for beneficiaries. A well-run trusteeship provides stability, fairness, and careful financial management. However, not every trusteeship lives up to this standard. A bad trusteeship

Law Firm of the Year (Jersey) 2026

We are delighted to announce that Sinels has been shortlisted in the Law Firm of the Year – Jersey category at the prestigious Citywealth International Financial Centre (IFC) Awards 2026. IFC Awards The IFC Awards recognise excellence across the private wealth industry and highlight the contribution

Law Firm of the Year (Litigation) 2026

We are proud to share that Sinels has been recognised in the Law Firm of the Year – Litigation category at the Citywealth International Financial Centre (IFC) Awards 2026. IFC Awards We are proud to announce that Sinels has been shortlisted in the Law Firm of the Year – Litigation category at the pr

Pets Are Not Just Chattels in Divorce

When couples separate, disputes over property, finances, and childcare arrangements are common. Increasingly, however, disagreements also arise over who should keep the family pet. For many families, pets are regarded as much more than property: they are companions and part of the household. Pets in

Professional Negligence, Fee Disputes, and Disciplinary Proceedings

Complex disputes often arise concerning the nature and extent of duty of care and the specific roles and duties of professionals in positions of authority. At Sinels, we provide comprehensive legal advice and representation in cases of professional negligence, fee disputes, and disciplinary proceedi

Legal Overview of Family and Matrimonial Law

Navigating the complexities of wills and probate can be challenging, especially when disputes arise. At Sinels, we offer comprehensive pre and post-probate solutions, achieving stellar results for both executors and beneficiaries in disputed estates. Sinels advises on will and probate disputes, whet

Legal Overview of Trust Disputes and Litigation

When trust relationships break down due to maladministration, breaches of trust, or fraud, it is crucial to have experienced legal support to navigate the dispute effectively. Sinels are specialists in trust law and litigation, adeptly meeting the needs of both private and corporate clients. Our exp

Legal Overview of Commercial and Civil Disputes

Those who renege on contracts or act with fraudulent intent can devastate enterprises, jeopardising both livelihoods and lives. In such situations, it is crucial to respond effectively, combining protection for the victims with an aggressive pursuit of compensation from the responsible parties. Sine

1984, Opal Fruits, Big Brother and Data Protection

The irony of the year of that first Act being 1984 will not be lost on the George Orwell fans amongst you all. Since 1984, just like Opal Fruits morphing into Starbursts, the Data Protection Act has undergone (admittedly much less controversial) rebrands into the Data Protection Act 1998 and, more r

Legal trends that could affect your business in 2024

While many may share the view that the legal industry is old and traditional, laws and regulations are constantly evolving to adapt to new technologies and practices. Similarly, the changing economic climate challenges us to approach contractual relationships differently to better manage risk and st

Vaccine Harm

Whilst shopping for food I ran into one of the strange ones from the dome, i.e., one of our elected representatives, in my view, one of the more empathetic members better connected with the rest of humanity and therefore a better representative all round. I was astonished at how little aware or inte

A High Net Worth Divorce & Family Trust Saga (Part 8)

Throughout the litigation, there have been proceedings and applications before the Family Court and the Trust Court. The Family Court dealing with the Family Proceedings, which ultimately concerns how the family’s finances should be divided. The Trust Court dealing with matters that concern the Trus

A High Net Worth Divorce & Family Trust Saga (Part 7)

Following over 5 years of litigation and delays, the parties agreed and attended a private financial dispute resolution (“FDR”). The process involved short form submissions and a core documents bundle being provided to a retired family judge, who in turn provided their (non-binding) assessment of ho

A High Net Worth Divorce & Family Trust Saga (Part 6)

Following the Trust Court’s decision in relation to the trustee’s application as to whether it (or its directors) should resign (in which it held they should remain), the Trust Court was asked to make various cost orders. The main cost order in dispute was whether (in relation the substantive applic

A High Net Worth Divorce & Family Trust Saga (Part 5)

The trustee, which was a PTC owned by a purpose trust set up by the husband and which includes close associates of the husband as its board members, sought directions from the Trust Court that it should remain as trustee. This was supported by the husband and all his children, albeit the husband (th

A High Net Worth Divorce & Family Trust Saga (Part 4)

The Trust was a discretionary Jersey trust, and its beneficial class was described as being (i) the settlor, (ii) the settlor’s spouse, and (iii) the settlor’s children and remoter issue. The wife asked the trustee to appoint her as a beneficiary in her own name because of concerns that should the h

A High Net Worth Divorce & Family Trust Saga (Part 3)

The husband and the wife were the principal parties to the Family Proceedings. The trustee (now a Jersey PTC) of the Trust was convened as a third party, which was uncontested. The husband’s eldest two children (ie his children from his previous marriage) were joined to the Family Proceedings, follo

A High Net Worth Divorce & Family Trust Saga (Part 2)

Having recognised that a valuation of the matrimonial property within the Trust was an issue to be determined, the Family Court’s preferred approach was to delay any expert valuations so that they could be prepared as close to the hearing date as reasonably possible. The Family Court’s approach was

A High Net Worth Divorce & Family Trust Saga (Part 1)

As is common, the marriage involved children from previous relationships as well as a child from the marriage. Also, commonly, the marriage involved the husband being the breadwinner and the wife being the homemaker. Not so common, the marriage involved the husband amassing substantial wealth and se

A High Net Worth Divorce & Family Trust Saga (Coming Soon)

Sinels were involved, on behalf of the wife, in long running ancillary relief proceedings (the “Family Proceedings”). The Family Proceedings began after the husband filed his petition for divorce in Jersey in 2017 and ran until settlement in 2023. Some of the posts featured on our LinkedIn over the

Legal Overview of Wills and Probate Disputes

Navigating the complexities of wills and probate can be challenging, especially when disputes arise. At Sinels, we offer comprehensive pre and post-probate solutions, achieving stellar results for both executors and beneficiaries in disputed estates. Sinels advises on will and probate disputes, whet

Legal Overview of Construction and Building Work Disputes

The construction industry can be fraught with disputes that have significant financial and operational impacts, particularly when final bills go unpaid. Such practices can devastate honest contractors, especially smaller businesses. At Sinels, we have extensive experience in handling construction an

LIBOR FIXING – LONDON INTERBANK OFFERED RATE – THE GOVERNMENT AND THE BANK OF ENGLAND WERE COMPLICIT

LIBOR FIXING – LONDON INTERBANK OFFERED RATE – THE GOVERNMENT AND THE BANK OF ENGLAND WERE COMPLICIT Having very successfully sued a series of Banks for mis-selling swops, I have recently read with interest a series of articles concerning appeals by convicted traders, most recently Carl Palombo and

Successful Enforcement Abroad

Each jurisdiction has its own positives and negatives when it comes to enforcement. 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 hid

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 2017. The demand for construction in Jersey is on the increase. Dispute

Vaccine Harm

Some have questioned why I am only now addressing this issue, and the simple answer is that I had not been approached earlier. However, someone shared with me an enlightening article from the Harvard Business Review, which highlights Jersey’s remarkable success in persuading its residents to view va

Family ‘Abduction’ Cases

What had happened was that a child had been removed from her lawful custodian. In this case the mother was the lawful custodian of the child, who was intending to relocate with the child to a new country. The father’s mother (the grandmother) removed the child from the mother’s care and travelled wi

Sinels is seeking to hire an Associate

Purpose: To advise and represent the firm’s clients in connection with various types and sizes of disputes, including commercial and trust litigation. Principal Accountabilities and General Duties: 1.1 Attending Court as an advocate for and on behalf of clients; 1.2 Managing case files properly incl

Sinels is looking for a P.A/Secretary to join the team in Jersey

Reporting to: Principal / Fee Earners / Senior Secretaries Purpose: To provide assistance and support of an administrative nature as may be required. Principal Accountabilities: Answering calls, recording messages, and dealing with enquiries as appropriate, including from suppliers or prospective cl

No 10 chief Dan Rosenfield faces mutiny from ‘demoralised’ political advisers

Why are so few people asking why government is playing out in the #media? The Times has quite the scoop here: a detailed report on an internal #government spat complete with comments from those involved. It begs exactly the same question as the Cummings affair, however, namely how is it that individ

A Jersey Ruling has Just Shone a Light Into a Dark Place

Opaque and often Byzantine in their apparent complexity, Trusts, on their face, can appear to be a nightmare to control let alone unpick. Many and varied are the uses of offshore trusts. In the words of Lord Walker of Gestingthorpe, who delivered the ruling in Schmidt vs Rosewood [2003] HCPC 26: “1.

Storyville: Secrets from a Trillion Dollar Island

Bank of England Governor Under Fire For RBS Scandal

It is not just that conflicts of interests are rampant in the UK’s financial service sector, it is that we are now at a point where they seem to be an accepted part of everyday life. Only this morning it was revealed that Andrew Bailey failed to declare a conflict of interest over the RBS […]

UK Considering a Ban on Corporate Directorships

Corporate directorships have been a suppurating sore on the side of British corporate law for years. Even Jersey, which is not known for its transparency, got its act together (sort of) some years ago when it became painfully apparent how often corporate directorships became backdoors for fraud, mon

A Guide to Identifying Fraudsters by Philip Sinel

If the last recession is anything to go by, where fraud increased by 10%, Covid-induced economic disruption might fuel duplicity. Happily, fraudsters can usually be spotted a mile away. Be it flashy suits or gaudy gewgaws, their keynote is always ostentation. One particular example – the faux-Saudi

FCA Concerns over Neil Woodford’s business traced back to 2015

Not-so-shocking revelation this week, as it appears the FCA was warned about problems with Woodford’s investment business less than a year after it opened in 2014 – yet did nothing. It’s another timely reminder of the authorities failings in recent years, as it continues to drop the ball and takes a

Effectiveness of the Regulator

As the payment protection insurance claims deadline passed in August, accompanied by the expected flurry of last-minute claims and panicked bankers increasing their compensation pots, the financial sector saw the close of one of the most notorious banking scandals in recent history. Key points The P

Professional & Medical Negligence Law Firm of the Year

Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world. The annual awards are designed to reward those most deserving in this global and very challenging environment. They give a comprehensive a

The No Trust Industry

Originally published in the New Law Journal on 29th April 2020 A few years back, an elderly lady, who had been married to her husband for 30 years, received a letter from a magic circle lawyer. The letter, it turned out, related to the family home, or at least what she thought was the family […]

Failure again for the States Employment Board in the Alwitry case, as their application for permission to appeal to the Privy Council is refused

There is nothing out of the ordinary in respect of a finding that a termination by an employer was unlawful. This happens frequently. Further, an employer can often terminate the employment relationship without cause and will only be exposed to a limited liability in damages, corresponding to the em

A Costs Order Too Far?

The judgment is astonishing and worrying in several respects, not least of all the following three points: First, the Master of his own motion made the order as against both parties’ advocates. The result being that neither firm acting should or could charge their clients for the directions hearing.

My Husband has formed an Asset Protection Fund – What do I do about it?

It is a regrettable facet of modern life that wealthy businessmen and women particularly those who have one or more residencies, who are ex-patriot or plain sneaky, make increasing use of an assortment of structures. There can of course be legitimate reasons for so doing but as an asset protection t

Expert evidence: Between a Rok and a hard Plaice

The Master of the Royal Court in the recent decision of Angel Fish Limited and others v Rok Construction Limited and others [2020] JRC 019 considered inter alia whether there should be a meeting between the experts in advance of the experts producing the reports. The Angel Fish case concerned a disp

Legal Professional: Solicitor/Legal Executive: Cross Border Collections

Interesting and varied post for recovery firm involved in domestic and cross-border collections. Position self-employed / Salary and bonus scheme. Applicants will be versed in litigation basics including evidence collection, witness proofing, production of pleadings and affidavits. Applicants must b

Multiple Award Winner, Advocate Catia Tavares

This momentous occasion is made all the more special by the remarkable achievement of attaining the highest marks in not one but two examination papers taken in 2019.Catia’s accomplishment saw her collect awards from the Deputy Bailiff Robert MacRae at the Law Society Annual Dinner; namely the winne

Offshore Regulation – A Tale of Two Regulators

As one client once put it, the point of offshore is to ensure activity is ‘off the balance sheet’ and out of sight. Added to which, by way of confusion, certainly in the popular mind, is the fact that offshore now includes decidedly onshore places, not only like Delaware but the City of London. Offs

Business and trusts trading conflicts

“There have been so many cases, historically involving banks, where a trust exists but is really just a wrapper either for a disparate portfolio of investments or for a patriarch’s trading enterprise.” In this instance, a wealthy businessman might put a trust and companies over the top of his tradin

Calls for Ban on Non-Advised P2P Sales

The Financial Conduct Authority is set to introduce rules next month which will prevent individuals from investing more than 10 per cent of their assets in P2P investments without financial advice – but it has now been suggested this restriction should apply to the entirety of non-advised sales. The

Advocate Philip Sinel Reaction to the (infamous) Speech of William Bailhache

From Land Law to Litigation

The Difference – Intelligence As a studying lawyer, it is often lightly brushed over in your Dispute Resolution class that it is always important to sue somebody who can actually give you what you want. If it is a breach of contract claim that will usually mean ensuring they have one thing – funds.

Perseverance Pays

Some time ago, we at Restitution acquired a debt from a local Jersey finance house, of a lady debtor who had once had a well-paying job in the finance industry but then suddenly disappeared to London. She was traced by the finance company, who communicated her obligations to her, but she decided not

Challenging a Will and Contentious Probate

Jersey’s Norman customary law origins mean that certain traditions associated with feudal societies survive to this day. A good example of that feudal tradition is the limit on testamentary freedom. In other words, a testator (a person making a will), is unable to dispose of their property (both imm

Attaining the Best Price

The Royal Court, in The Viscount v Booth [2017] JRC 215, acknowledged that this had happened to Mr Booth’s home, King’s Oak. The issue for the Court in Booth was whether or not a decision taken by the Viscount, as the Chief Executive Office of the Court and administrator of désastres, to sell King’s

Legal Aid and Human Rights

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) farms out the application to a lawyer on a rota system, and that lawyer must review the matter, meet with the applicant, and prov

The Parliamentary Review

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. https://www.theparliamentaryreview.co.uk/editions/law-and-justice/general-law-and-justice

How Smart Litigants Win Professional Negligence Actions…

… and how smart professionals defeat professional negligence actions Actions of this sort should denote a failure to adhere to the relevant standards of professionalism; it is also a sub-set of actions where plaintiffs, sometimes impecunious, look for someone to blame – professionals are seen as hav

The Problem With Access to Justice

That is exactly what happened in a recent matter before the Jersey Employment and Discrimination Tribunal. An employee was accused of sexual harassment amounting to sexual discrimination under the Discrimination (Jersey) Law 2013. The proceedings were commenced by another employee, naming both the e

Pre-Nuptial Settlements – An Overview

Many couples may take the view that such discussions may highlight a lack of trust in the relationship although the opposite may actually be more appropriate were such discussions serve to reinforce the couples’ legal union is for love and not financial gain. A pre-nuptial agreement should not be us

Uncapped Damages for Jersey Doctor

Uncapped damages for Jersey doctor after the Royal Court finds that the States Employment Board breached his contract after wrongful sacking. The trial took place over 10 days in September 2018 and included evidence from key figures in Hospital management and politicians including Jersey’s former Ch

Constitutional Change – How Long Will it Take?

On 26 September 2017 Senator Ian Gorst, our Chief Minister, presented a proposition to that effect. The proposition was carried by 25/21 votes. Implementation was delayed pending a Referendum on the question of implementation. The proposition for a Referendum was moved by Sir Philip Bailhache, the f

Paradise Papers Part 2

Much shock initially sounded at the audacity of the Queen for investing £10 million in a Cayman fund, or that Apple had re-domiciled its profit centre to Jersey, or that the great and the good were once again shown to be protecting their wealth from revenues around the world via schemes devised, or

Another Offshore Leak

The presentation was by the International Consortium of Investigative Journalists (ICIJ), a self-styled community of two hundred journalists in sixty-five countries, loosely affiliated with the Centre for Public Integrity which is US based and has been operational since 1999. To quote themselves “Ou

Libor is Dead – Long Live the Next Reality Shift

Some of these prosecutions do not appear to be undeserved: “Oh bullshit, strap on a pair and jack up the [3 months Libor]”. However, the bigger story must be how the whole financial world, banks, traders, governments and regulators subscribed to what was long termed the rate at which nobody lends, i

How Smart Litigants and Unhappy Beneficiaries Make Millions

Suing trustees has become an industry in its own right, as has advising and sometimes defending trustees, which we have also done for nearly as long as we have been suing trustees. There are some major pitfalls for trustees which, unless they are properly advised by Sinels or an equivalent firm, the

Cross Border Black Holes and Collections

Grateful thanks to our colleagues in those countries Sivabalan Sankaran www.tsi.net.my and Cynthia Trench www.trenchlaw.com We are aware that a number of clients have simply written off and taken no action at all in relation to debts due from Romanian nationals who have returned to Romania, others s

Wonga Collapse

Lending vulnerable members of society money at usurious rates is very little different, in my mind, to stealing from poor people. It has been distasteful to see that some members of the press regret the loss of the cuddly TV animated characters who introduced the unsuspecting to being ripped off. Ev

Banker Fraud?

US District Judge Charles R Breyer denied two motions and stated that a conviction for wire fraud could be based on affirmative misrepresentations. The defendant had claimed that the government had failed to allege that he was in a fiduciary relationship with Hewlett-Packard. The judge noted that re

Lawyer Confidential

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, the appellate court overturned the decision of the Baili

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

Catia Tavares, as Head of Family Law and Wills and Probate at Sinels, says ‘I have been at Sinels for nearly 9 years and during this time I have witnessed many marriages end in the very formal and somewhat intimidating environment of the court. It is my experience that taking an alternative route to

High Net Worth Divorces

This article should be read in conjunction with Catia Tavares’ earlier article on Family Dispute Resolutions, (FDRs). FDRs are exceptionally helpful in complex high-value cases. They only work once both parties’ assets have been fully ascertained. What is a HNW divorce? They have common denominators

Using stolen documents: Advocate James v Law Society of Jersey

Summary Where documents are or appear to be improperly obtained and are provided to an advocate by his or her client, he or she may retain them to advise the client. If the advocate receives the documents from a source other than his or her client, he or she must not read them, and must […]

Constitutional Change

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 Leslie, as well as all those brave people who assisted and supported the victims and continued to do so through adversity and discrimination. Bravest of all were th

LIBOR Fixing – what does this mean for me?

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 a separate blog article by Sinels’ dedicated business intelligence agency, Sintel Global: You can read the Sintel blog here. The claims involving swaps

Two senior appointments to our Jersey team

He will work alongside newly-appointed Partner, Advocate Steven Chiddicks, and founding Partner, Advocate Philip Sinel, together with the existing team. “Advocate Leeuwenburg’s experience will further strengthen our team of lawyers and Jersey Advocates as we continue to provide authoritative, expert

Abuse of Power – Regulating the Regulator

The Appellant claims that the Regulator pushed him out of his own company, which then went into liquidation, simultaneously depriving him of access to his own company’s computers and to its documentation and deterred him from talking to his colleagues (citing Article 37 of the Financial Services (Je

Continuing condemnation of the SEB by the Complaints Board

“The Complaints Board’s findings, which were delivered in July 2016, were unanimous and extended to a detailed 150 page damning report. The SEB and the Minister for Health and Social Services issued almost immediate rebuttals in the press, which were heavily criticised by the Complaints Board. The S

The dismissal of Dr Alwitry and where the States are now

Dr Alwitry’s case has received substantial support from several politicians, and as a result, a vote of no confidence has been lodged which is due to come before the States Assembly on 31st January, 2017. Dr Alwitry grew up in Jersey and in 2012 he accepted a position as a consultant ophthalmologist

Sinels EQ

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 and thought-provoking. That is why we are launching our blog – Sinels EQ. Sinels EQ draws on it

Jersey Uncovered: Inside One Of The World’s Leading Offshore Jurisdictions

Is Jersey truly immoral to a degree that is scarcely believable or is it misunderstood? An attorney who is based on the island reveals all. Presented by: PHILIP SINEL, Senior Partner, Sinels (Jersey) Recorded on November 24, 2015 during The OffshoreAlert Conference in London at The Grange St. Paul’s

Panorama – The Trillion Dollar Con-Man

With his tales of foreign gold and assets worth 2 trillion dollars, the con man fooled politicians, celebrities and the City. He even tricked the former England football manager, Sven-Goran Eriksson, into visiting North Korea to support his scam. So why were so many people taken in, and how did one