Our Practices Areas

Dispute Resolution and Litigation

We at Mistry Law have been involved in some very high profile trust cases in Jersey, and we understand the highly confidential and sensitive nature of trust disputes.  We understand that in trust matters, key advisors such as tax accountants and counsel from other jurisdictions play an important role and that effective no-nonsense advice is required.

Mistry Law is independent and have advised corporate and individual trustees, executors and administrators and beneficiaries in contentious cases and non-contentious matters.  Trust litigation we have been involved in includes, bringing and defending breach of trust claims and applications to remove trustees.

Mistry Law also advises on non-hostile court proceedings where Court approval is required, including:

  • Applications to bless trustee decisions (i.e. blessing of momentous decisions)
  • Applications to vary trust instruments
  • Rectification of trust instruments
  • Setting aside mistakes

Mistry Law takes a commercial and effective route to any commercial dispute and will try to resolve matters, if they are capable of being resolved, at an early stage.  We have experience in ADR and have successfully settled a range of disputes before trial.  Mistry Law recognises the management time that disputes can take and will advise on the best course of action for the client. 

Mistry Law has advised on various contractual/tortious claims, professional negligence claims, shareholder disputes, international management disputes and employment claims.

 

Mistry Law advises on various civil disputes including, general contract disputes, professional negligence cases, debt collection/enforcement, building contractor disputes and injunctions.

Mistry Law is also experienced in advising and representing private individuals in family law disputes, including enforcement of ancillary relief proceedings and contempt for breach of family court orders. 

 

Mistry Law has acted for directors, shareholders and corporate entities to provide effective and timely advice in respect of corporate restructuring as well as corporate insolvencies. 

Work in this area includes:

  • Advising on the restructuring of corporate entities to streamline businesses, including trust and corporate service provider businesses
  • Company migrations
  • Legal opinions in respect of Jersey companies
  • Advising on and representing directors/shareholder/companies at insolvency applications before the Royal Court or defending the same

Trust and Private Wealth

Mistry Law has a busy trust and corporate advisory service.  We understand that our private clients need trusted advisors and we aim to offer a bespoke service for our clients’ needs. 

We advise professional trustees, private banks, HNWI & UHNWI during the life of a trust from establishment, restructuring, administration to termination.

Our trust experience draws together knowledge of both contentious and non-contentious trusts, which enables us to advise on all aspects of trust law.

Our services include:

  • Drafting Trust Instruments
  • Drafting Ancillary Trust Instruments, including Instruments of Appointment, Addition, Exclusion and Termination
  • Loan Agreements and Novation Agreements
  • Legal Opinions
  • General Advice on the interpretation of Trust Instruments 

We at Mistry Law have been involved in some very high profile trust cases in Jersey, and we understand the highly confidential and sensitive nature of trust disputes.  We understand that in trust matters, key advisors such as tax accountants and counsel from other jurisdictions play an important role and that effective no-nonsense advice is required.

Mistry Law is independent and have advised corporate and individual trustees, executors and administrators and beneficiaries in contentious cases and non-contentious matters.  Trust litigation we have been involved in includes, bringing and defending breach of trust claims and applications to remove trustees.

Mistry Law also advises on non-hostile court proceedings where Court approval is required, including:

  • Applications to bless trustee decisions (i.e. blessing of momentous decisions)
  • Applications to vary trust instruments
  • Rectification of trust instruments
  • Setting aside mistakes

We provide bespoke services to our clients and have experience in drafting and advising on Jersey movable and immovable Wills and obtaining Grants of Probate in Jersey.

Mistry Law also has experience in challenging professional administrators’ decisions in the Royal Court and advising and defending administrators.

Other than providing services for private clients, we also advise and provide services to trust and corporate services providers and banks in Jersey, where there is a need to draft a Will or obtain a Grant of Probate for non-Jersey resident clients who have Jersey situs assets.

Mistry Law can advise trust and corporate service providers on internal matters concerning risk and compliance, litigation and restructuring. 

Mistry Law also offers very competitive rates in drafting trust documents, including:

  • Trust Instrument/Settlement
  • Foundation Deed
  • DORA (instrument of Appointment Retirement & Indemnity)
  • Nominee Agreement
  • Instrument of Appointment 
  • Instrument of Appointment & Termination
  • Instrument of Appointment & Removal of Beneficiary
  • Simple Loan Agreement/Loan Novation Agreement
  • Simple Share Purchase Agreements
  • Simple Shareholders’ Agreements
  • Power of Attorney
  • Straight forward Company Migrations
  • Reinstatement of Company 
  • Bank Legal Opinion (also English Law sign off available)
  • Jersey Movable Wills
  • Probate for Jersey Movable Estate

Mistry Law acts for a number of Jersey based and international HNW and UHNW clients.  We aim to offer bespoke services to our clients and services include drafting Wills, advising on corporate and trust structures in conjunction with other professionals, advising on shareholders’ agreement and obtaining Grants of Probate.

We also act for private clients in disputes, predominately dealing with trust and corporate disputes as well as private contractual disputes.

Corporate

Mistry Law has acted for directors, shareholders and corporate entities to provide effective and timely advice in respect of corporate restructuring as well as corporate insolvencies. 

Work in this area includes:

  • Advising on the restructuring of corporate entities to streamline businesses, including trust and corporate service provider businesses
  • Company migrations
  • Legal opinions in respect of Jersey companies
  • Advising on and representing directors/shareholder/companies at insolvency applications before the Royal Court or defending the same

Mistry Law has experience in advising on and drafting various corporate documents, including:

  • Terms of Business
  • Shareholders’ Agreements
  • Non-Disclosure Agreements 
  • Security Interest Agreements
  • Share Purchase Agreements 
  • Loan Agreements
  • Legal Opinions 
  • Employment Contracts

Mistry Law is able to advise on the migration of companies into and out of Jersey.  This process is led by statute and requires essentially the following, which we can assist with:

  • Pre and Post Application Documents and Letters
  • Approal of Directors
  • Approval of Shareholders
  • Notice to Creditors/Directors Declarations 
  • Application to the Registrar of Companies
  • Grant of Application

 

Please contact us for further information on this service.

Pursuant to Article 213(1) of the Companies (Jersey) Law 1991, the Jersey Court has the power to reinstate a company that has been struck off/dissolved.  Third parties may also in certain circumstances be able to make this application.

Mistry Law is able to assist with reinstatement applications, which must obtain the consent of both the Companies Registrar and the Income Tax Comptroller.  Consent is generally granted once the following conditions have been met:

  • Any outstanding fees or penalties have been paid
  • The company has a Jersey registered office
  • The Company Registrar has been provided with information on beneficial ownership and company activities which he may request
  • Once consent has been received from the Registrar and Comptroller, a Representation is lodged with the Judicial Greffe which sets out various matters, including the company’s registration number, shareholders and former directors of the company as well as providing any reasons for why the company was struck off. 

 

Please contact us for further information about this service.

Employment Law

Mistry Law is able to advise employees and employers on all aspects of employment and workplace matters, from drafting and advising on employment contracts and compromise agreements to advising on internal policies and procedures.  We also have experience in advising on corporate service contracts from senior management/directors, non-executive directors to external consultants. 

Hiren Mistry’s recent reported employment and discrimination cases are as follows:

Petty v Siena Property (Jersey) Ltd [2019] TRE 142 (a successful application to redact without prejudice meetings and correspondence from the trail)

Pilat v MG & LM [2017] TRE 020 (successful claims for unfair and wrongful dismissal)

Monteriro v Teixeira Holdings Ltd t/a Seascale Hotel & Restuarant D-08/2017 & 27/2017 (successfully defended a claim for unfair dismissal and discrimination)