Luke Olivier

Luke Olivier

"Luke is a most impressive litigator: he has a keen mind, strategic nous and a thoughtful and methodical approach."

Overview

I’m Counsel in our Jersey office with wide-ranging litigation experience in corporate, commercial, trusts and foundations, professional negligence, and insolvency and restructuring litigation.

In line with the practice's work, I have significant expertise in advising trust and corporate service providers in relation to contentious and non-contentious trusts and foundations work, with a particular specialism in assisting trustees/beneficiaries with issues relating to foreign tax authorities.

I also have extensive experience in insolvency litigation and restructuring matters, and have regularly advised liquidators appointed over both insolvent trading companies and investment funds, asset-based lenders, directors and companies on contentious insolvency issues.

I worked in Johannesburg before relocating to Guernsey in 2008 and furthered my career at another leading offshore law firm before joining Mourant Ozannes in Jersey in 2015.

Professional qualifications

  • Admitted as an Attorney in South Africa, 2007 (currently non-practising)
  • LLB degree from the University of Pretoria, 2004

Memberships

  • ARIES, the Channel Islands Chapter of INSOL International
  • INSOL International
  • Associate member of R3: Association of Business Recovery Professionals
  • Overseas member of the Chancery Bar Association

Work highlights

  • Acting for the former trustee of a Jersey trust in relation to a claim by its successor trustee of mismanagement of the trust's assets. This was one of the first cases in Jersey where issues in relation to alleged LIBOR and FX benchmark manipulation were raised against a trustee
  • Acting for the sole council member of five Jersey Foundations (holding combined assets in excess of £76 million) with two branches of a prominent foreign family as the foundations' beneficiaries, in relation to an application for directions to the Jersey Royal Court. Matters dealt with under the application included the successful variation of the foundations' regulations to allow for the payment of foreign tax liabilities potentially payable by non-beneficiaries of the foundations, the successful restructuring of the foundations' structure as a whole and the ultimate termination of the foundations.
  • Acting for Kuwait Oil Tanker Company (a subsidiary of the Government of Kuwait) in relation to an asset-tracing and recovery claim emanating from a significant historic fraud estimated to be in the region of US$160 million
  • Advising a high-net-worth individual against a trustee in relation to the resolution of outstanding UK tax liabilities arising from the de-enveloping of significant property assets based in the UK
  • Acting for a high-net worth individual both in his own capacity and in his capacity as the named executor of his late mother's estate, in relation to various matters. These included a substantial dispute over the assets of an insolvent trust and the priority of various creditors, an application whereby HMRC were seeking the disclosure of certain documents pursuant to a Schedule 36 notice and a novel referral to the Jersey Court under the Probate (Jersey) Law 1998. This, a long-standing policy of the Probate Registry that former bankrupts should never be appointed as executor of an estate, was overturned in his favour.

What the directories say

Luke is recommended as a Rising Star and described as "very knowledgeable and pragmatic" and "exceptionally commercial and charismatic" by Legal 500 UK, 2020

Legal 500, 2014, recommends Luke in Dispute Resolution.