Oben Law StaffOben Law Staff
Trust us with solving your problems

Oben Law is a boutique litigation firm, led by Advocates David Wilson and Simon Franckel. The team at Oben Law work on the largest and most complex cases. Our Advocates are experienced litigators, with particular expertise in the financial services sector. Advocate Claire Rigby acts in respect of all family law matters.

We help clients to resolve their offshore disputes.  The disputes are often complex, multi-jurisdictional and involve multiple parties.

Our aim is to avoid court proceedings, whenever possible, and to help our clients achieve their objectives through timely advice, persuasion and negotiation.

When that is not possible, we use our advocacy skills and expertise to achieve the best possible outcome for our clients through litigation, arbitration and alternative dispute resolution. Our experience includes, but is not limited to:
 

  • Asset tracing and recovery
  • Company, shareholder and partnership disputes
  • Disciplinary proceedings
  • Expert evidence
  • Financial services sector-specific litigation
  • Fund disputes
  • Injunctions, including freezing, disclosure and search & seizure
  • Insurance disputes
  • Personal disputes
  • Professional negligence

We have considerable expertise in the fiduciary business sector, and specifically in relation to problem-solving for trustees and trust disputes.

Our clients include trust and corporate service providers, high-net-worth individuals and leading international private wealth intermediaries.

Our expertise includes:
 

  • Breach of trust claims
  • Beneficiary disputes
  • Powers, discretions and decision-making
  • Retirement, removal and indemnities
  • Trustee directions and applications

We provide clear and timely advice in relation to insolvency matters.

Our clients include creditors, directors, insolvency practitioners, liquidators, foreign trustees in bankruptcy and the Viscount (the officer of the Jersey Court responsible for administering bankruptcies).  We also have an in-house chartered accountant with forensic experience who is able to assist on these matters.
 

  • Advising on solvency issues
  • Advising on creditors’ pursuit of claims
  • Acting for the Viscount and liquidators in the administration of bankruptcies
  • Court applications, such as contested bankruptcies, just and equitable windings-up and schemes of arrangement
  • Cross-border assistance, including advising foreign trustees in bankruptcy on obtaining assets and information situated in Jersey

In September 2017 Oben Regulatory and Logicalis formed an association for the purpose of offering a comprehensive service to address issues of Data Protection and Cyber Security.

The basis of the association is the EU Directive of 2018. This requires businesses to have a solution that is not merely IT-based, not merely a regulatory issue, and not simply a legal one. It is a significant matter which requires an appreciation of all three aspects.

An association between Logicalis (one of the largest specialists in managed security systems in the Channel Islands) and Oben (with its regulatory business and law firm) is uniquely placed to offer such a comprehensive service.

Logicalis Services:

  • Advising on GDPR Solutions
  • Data Discovery and Classification
  • Encryption Solutions
  • Breach Detection
  • Data Loss Prevention
  • Data Access Controls
  • Managed Cyber Security Services
  • Secure Cloud Backup and Recovery
  • User Security Awareness Training and Testing

Oben Services:

  • Compliance with GDPR
  • Advising on Third Party Contracts
  • Employment Issues
  • Breaches
  • Dealing with Inspections and Prosecutions
  • Training
  • Policies and Procedures
  • Data Subject Access Requests

 

We are well placed to deal with issues arising in the areas of financial services regulation and white-collar crime.  The expertise and experience of our advocates is augmented by that of our colleagues in Oben Regulatory Limited.

We advise on contentious regulatory issues and investigations, which often span a number of jurisdictions.

We liaise extensively with regulatory bodies, assist clients in their interactions with them and are able to mitigate potential sanctions and scope and implement any necessary remedial steps.

  • AML/CFT and sanctions
  • Anti-bribery and corruption
  • Directors’ duties and board advice
  • Disclosure and seizure notices
  • Financial services, portfolio management and mis-selling claims
  • Fraud, and serious and complex crime
  • Investigations and reports
  • Regulatory action, including fines and banning and disqualification orders

We are here to help if your relationship breaks down. We deliver sensitive and realistic advice from the outset, to help answer any concerns you may have in relation to your family and finances. Our aim is to enable you to make informed decisions throughout whilst taking into account your own unique situation.

 

Our experience enables us to quickly understand your individual circumstances and to advise you on realistic outcomes. We  establish a clear strategy from the beginning to enable you to achieve realistic objectives. We are used to dealing with complex financial cases for high net worth clients,  including those with an international element, and this together with our matrimonial forensic accountancy expertise distinguishes us from other family law firms. We are equally confident in representing you in matters involving your children, having handled many complicated cases, including leave to remove.

 

We recognise and understand the emotional aspects of a relationship breakdown, and that where children are involved you will often have the need for an ongoing relationship. For those reasons our aim is to avoid court proceedings whenever possible and to use our skills to enable you to be best placed to effectively negotiate a settlement. Where that is not possible we use our litigation skills to guide you through the court process to help you achieve a successful outcome.

 

Ultimately we want to leave you best placed financially and emotionally, either through negotiated settlement or when necessary the court,  to move on to the next stage in your life.

 

Our experience includes, but is not limited to:

 

  • Divorce and separation
  • Dissolution of civil partnerships
  • Cohabitation
  • Pre-nuptial and post-nuptial  agreements
  • High net worth finance and property
  • Matrimonial forensic accountancy
  • Arrangements for children

If either you or your partner have acquired substantial assets before your marriage, or are likely to during your marriage, or if you have responsibilities to former spouses and/ or children from previous relationships you should be thinking, or being advised by family members, trustees or fellow shareholders, to enter into an agreement so as to give peace of mind in the event that things do not work out as hoped. You may also wish to consider a pre-nuptial agreement if you are high profile and have concerns about confidentiality.

One of the main difficulties couples encounter when their relationship breaks down is the lack of certainty regarding how their assets should be divided on divorce. Whilst prenuptial agreements are not automatically binding, since the English Case of Radmacher v Granatino [2010] UKSC 42 a freely entered into pre-nuptial agreement can be relied upon by the English Court if a number of factors are met. Those factors are that the parties have disclosed their relevant financial circumstances, that they understand the implications of entering into the agreement, and are doing so without undue pressure. As long as these factors are met the English Court should give effect to the agreement unless in the circumstances it would not be fair to hold the parties to their agreement.

The Jersey Law Commission recommended that on the basis of safeguards being met there should be a presumption in favour of the terms of a marital agreement being binding. The unreported Jersey case of L v M [2017] JRC062A considered a pre-nuptial agreement but found in that case that the needs of the parties were not met by the agreement, and hence the court would exercise its discretion to achieve a fair settlement between the parties. It found it was not a case that met the Radmacher safeguarding factors.

When considering entering into an agreement we would recommend the following:-

  • Give yourself plenty of time – an agreement should be drawn up well in advance of the big day. Each of you will need to give full financial disclosure to the other and it can take time to negotiate an agreement that provides the safeguards that will make it enforceable.
  • Both of you should have the benefit of legal advice from a good family lawyer so that you fully understand the terms of the agreement, and to ensure that it is fair.

Whilst acknowledging that a pre-nuptial agreement may be a difficult subject to broach with your partner, think of it as an insurance policy, one you hope you will never need, but there to make things as painless as possible if they do.

We help clients to resolve their offshore disputes.  The disputes are often complex, multi-jurisdictional and involve multiple parties.

Our aim is to avoid court proceedings, whenever possible, and to help our clients achieve their objectives through timely advice, persuasion and negotiation.

When that is not possible, we use our advocacy skills and expertise to achieve the best possible outcome for our clients through litigation, arbitration and alternative dispute resolution. Our experience includes, but is not limited to:
 

  • Asset tracing and recovery
  • Company, shareholder and partnership disputes
  • Disciplinary proceedings
  • Expert evidence
  • Financial services sector-specific litigation
  • Fund disputes
  • Injunctions, including freezing, disclosure and search & seizure
  • Insurance disputes
  • Personal disputes
  • Professional negligence

We have considerable expertise in the fiduciary business sector, and specifically in relation to problem-solving for trustees and trust disputes.

Our clients include trust and corporate service providers, high-net-worth individuals and leading international private wealth intermediaries.

Our expertise includes:
 

  • Breach of trust claims
  • Beneficiary disputes
  • Powers, discretions and decision-making
  • Retirement, removal and indemnities
  • Trustee directions and applications

We provide clear and timely advice in relation to insolvency matters.

Our clients include creditors, directors, insolvency practitioners, liquidators, foreign trustees in bankruptcy and the Viscount (the officer of the Jersey Court responsible for administering bankruptcies).  We also have an in-house chartered accountant with forensic experience who is able to assist on these matters.
 

  • Advising on solvency issues
  • Advising on creditors’ pursuit of claims
  • Acting for the Viscount and liquidators in the administration of bankruptcies
  • Court applications, such as contested bankruptcies, just and equitable windings-up and schemes of arrangement
  • Cross-border assistance, including advising foreign trustees in bankruptcy on obtaining assets and information situated in Jersey

In September 2017 Oben Regulatory and Logicalis formed an association for the purpose of offering a comprehensive service to address issues of Data Protection and Cyber Security.

The basis of the association is the EU Directive of 2018. This requires businesses to have a solution that is not merely IT-based, not merely a regulatory issue, and not simply a legal one. It is a significant matter which requires an appreciation of all three aspects.

An association between Logicalis (one of the largest specialists in managed security systems in the Channel Islands) and Oben (with its regulatory business and law firm) is uniquely placed to offer such a comprehensive service.

Logicalis Services:

  • Advising on GDPR Solutions
  • Data Discovery and Classification
  • Encryption Solutions
  • Breach Detection
  • Data Loss Prevention
  • Data Access Controls
  • Managed Cyber Security Services
  • Secure Cloud Backup and Recovery
  • User Security Awareness Training and Testing

Oben Services:

  • Compliance with GDPR
  • Advising on Third Party Contracts
  • Employment Issues
  • Breaches
  • Dealing with Inspections and Prosecutions
  • Training
  • Policies and Procedures
  • Data Subject Access Requests

 

We are well placed to deal with issues arising in the areas of financial services regulation and white-collar crime.  The expertise and experience of our advocates is augmented by that of our colleagues in Oben Regulatory Limited.

We advise on contentious regulatory issues and investigations, which often span a number of jurisdictions.

We liaise extensively with regulatory bodies, assist clients in their interactions with them and are able to mitigate potential sanctions and scope and implement any necessary remedial steps.

  • AML/CFT and sanctions
  • Anti-bribery and corruption
  • Directors’ duties and board advice
  • Disclosure and seizure notices
  • Financial services, portfolio management and mis-selling claims
  • Fraud, and serious and complex crime
  • Investigations and reports
  • Regulatory action, including fines and banning and disqualification orders

We are here to help if your relationship breaks down. We deliver sensitive and realistic advice from the outset, to help answer any concerns you may have in relation to your family and finances. Our aim is to enable you to make informed decisions throughout whilst taking into account your own unique situation.

 

Our experience enables us to quickly understand your individual circumstances and to advise you on realistic outcomes. We  establish a clear strategy from the beginning to enable you to achieve realistic objectives. We are used to dealing with complex financial cases for high net worth clients,  including those with an international element, and this together with our matrimonial forensic accountancy expertise distinguishes us from other family law firms. We are equally confident in representing you in matters involving your children, having handled many complicated cases, including leave to remove.

 

We recognise and understand the emotional aspects of a relationship breakdown, and that where children are involved you will often have the need for an ongoing relationship. For those reasons our aim is to avoid court proceedings whenever possible and to use our skills to enable you to be best placed to effectively negotiate a settlement. Where that is not possible we use our litigation skills to guide you through the court process to help you achieve a successful outcome.

 

Ultimately we want to leave you best placed financially and emotionally, either through negotiated settlement or when necessary the court,  to move on to the next stage in your life.

 

Our experience includes, but is not limited to:

 

  • Divorce and separation
  • Dissolution of civil partnerships
  • Cohabitation
  • Pre-nuptial and post-nuptial  agreements
  • High net worth finance and property
  • Matrimonial forensic accountancy
  • Arrangements for children

If either you or your partner have acquired substantial assets before your marriage, or are likely to during your marriage, or if you have responsibilities to former spouses and/ or children from previous relationships you should be thinking, or being advised by family members, trustees or fellow shareholders, to enter into an agreement so as to give peace of mind in the event that things do not work out as hoped. You may also wish to consider a pre-nuptial agreement if you are high profile and have concerns about confidentiality.

One of the main difficulties couples encounter when their relationship breaks down is the lack of certainty regarding how their assets should be divided on divorce. Whilst prenuptial agreements are not automatically binding, since the English Case of Radmacher v Granatino [2010] UKSC 42 a freely entered into pre-nuptial agreement can be relied upon by the English Court if a number of factors are met. Those factors are that the parties have disclosed their relevant financial circumstances, that they understand the implications of entering into the agreement, and are doing so without undue pressure. As long as these factors are met the English Court should give effect to the agreement unless in the circumstances it would not be fair to hold the parties to their agreement.

The Jersey Law Commission recommended that on the basis of safeguards being met there should be a presumption in favour of the terms of a marital agreement being binding. The unreported Jersey case of L v M [2017] JRC062A considered a pre-nuptial agreement but found in that case that the needs of the parties were not met by the agreement, and hence the court would exercise its discretion to achieve a fair settlement between the parties. It found it was not a case that met the Radmacher safeguarding factors.

When considering entering into an agreement we would recommend the following:-

  • Give yourself plenty of time – an agreement should be drawn up well in advance of the big day. Each of you will need to give full financial disclosure to the other and it can take time to negotiate an agreement that provides the safeguards that will make it enforceable.
  • Both of you should have the benefit of legal advice from a good family lawyer so that you fully understand the terms of the agreement, and to ensure that it is fair.

Whilst acknowledging that a pre-nuptial agreement may be a difficult subject to broach with your partner, think of it as an insurance policy, one you hope you will never need, but there to make things as painless as possible if they do.