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It may therefore prove easy for the casual observer to forget that a majority of those locations most commonly described in such terms operate under legal models based — to varying, but nevertheless significant — degrees on the legal system of England and Wales.

Correspondingly, commercial law firms operating in these vibrant legal marketplaces are frequently required to turn to members of the English Bar to resolve those cases heard under English law in a wide variety of alternative jurisdictions.

Indeed, a number of leading commercial sets are actively marketing their offshore expertise, dispatching clerks overseas to islands stretching from the Channel Islands to the Caribbean, in a bid to forge links with the leading law firms in each jurisdiction.

One senior litigation partner in the Caribbean points out that a lack of geographical proximity is no impediment to fostering those connections.

Commercial sets to have actively marketed their concentration of offshore expertise include Erskine Chambers, Three Verulam Buildings and Maitland Chambers.

Meanwhile, 24 Old Buildings and New Square Chambers each boast a wealth of talent in offshore matters.

"Who we instruct depends on the nature of the work," says one offshore litigator. "For trust cases there is a rather small group [of counsel] that we use quite regularly. For commercial litigation, however, there is a broader pool of people we would turn to."

The ranks of counsel with sufficient offshore experience to handle the largest cross-border cases do, however, seem set to swell in the fore-seeable future.

Indeed, a growing number of individuals at the English Bar are coming to focus their practices on such work.

Meanwhile, clients’ expectations of counsel are also gradually changing, as the respective legal markets in various offshore jurisdictions continue to mature.

"Clients have become more discerning," says one offshore partner. "They want to be provided with directories and assurances on quality in a way we have not seen in the past."

Despite the considerable variations in legal and taxation regimes, there remain certain key criteria that can be used to identify those at the top of their trade — not least of which is the ability to grasp the unique intricacies of each particular jurisdiction.

One offshore partner argues that under-standing the cultural "peculiarities" of each jurisdiction is every bit as important as having a firm grasp on the specific legal requirements of that region.

However, many top-rated counsel for offshore matters have nevertheless been able to develop a transatlantic practice that covers several of the major offshore financial centres.

Furthermore, some argue that the success — or otherwise — of counsel in complex offshore matters is determined as much by the personal characteristics of the individual barristers as by their understanding of the intricacies of the relevant areas of local law.

As one Caribbean-based litigation partner comments: "You need to have people with a certain robustness and the ability to tolerate being outside their comfort zone, both physically and mentally.

The judges [in some offshore jurisdictions] are less predictable than in the UK. You therefore need counsel who are nimble and quick-thinking."

The ability, therefore, to adapt to the unexpected is often that which marks out successful counsel in offshore jurisdictions. The partner adds: "There are simply fewer resources out here with which to mollycoddle senior counsel — there are no juniors, no libraries and so on. That counts out some people who would otherwise be very good."

Isle of Man

The closest to home of the offshore jurisdictions for English-qualified counsel, the Isle of Man, continues to generate a stream of work for barristers in the markets of traditional strength for which the jurisdiction is best known — banking, investment funds and captive insurance.

One experienced counsel whose practice features a raft of past instructions from offshore jurisdictions, including most prominently in the Isle of Man, is David Farrer QC, the respected head of chambers at leading civil and criminal set Seven Bedford Row.

With a practice embracing a range of fraud and criminal work, with considerable experience of money laundering cases, regulatory work and asset tracing, the "very impressive" Farrer is undoubtedly among the top handful of English-qualified barristers with a significant portfolio of offshore work.

Also highly rated for work in the Isle of Man — and numerous other offshore centres — is Roger Kaye QC of commercial Chancery set 24 Old Buildings.

Kaye was called to the Bar in 1970 and subsequently went on to take silk in 1989.

He is regarded as a "superb technical lawyer" who is "forensically very good", boasting a broad general commercial litigation practice with additional expertise in fraud, insurance and trusts work.

One admirer also praises his "avuncular" demeanour and "very user-friendly" style, while choosing to highlight the "meticulous preparation" and "commercial awareness" typically shown by Kaye. His status as a deemster — or judge — in the Isle of Man means that Kaye has in-depth knowledge of local law in that particular jurisdiction.

Among more junior counsel, Nicholas Le Poidevin is singled out for particular praise.

Called to the Bar in 1975, the New Square Chambers tenant is feted among peers for his dynamic way of handling complex cases and for his team-centred approach.

"Nick does not wait to be told what to do on a case. He is very proactive," comments one senior admirer to have instructed Le Poidevin on several occasions.

He is best known among Manx partners for his work on trusts.

Partners suggest those qualities of preparedness and commercial sense demonstrated by Kaye are also amply demonstrated by his 24 Old Buildings stablemate Richard Ritchie, who has considerable experience of work on the Isle of Man.

Ritchie, a 1978 call, is also well known for his work as standing counsel to the Department of Trade and Industry for insolvency matters.

Channel Islands

"They have a very good Jersey practice at Serle Court," says one litigator based in the jurisdiction, which is known for its strength in banking as well as investment funds and trusts. "They have worked for a long time with a number of Jersey firms."

One figure who typifies that excellence in offshore matters — although his practice also embraces work further afield than the Channel Islands — is Victor Joffe QC, a 1975 call who went on to earn silk status in 2001.

"He is extremely calm in high-pressure situations," says one partner to have instructed Joffe, who is also member of the East Caribbean Bar.

Among the attributes that endear him to partners is a user-friendly style that reportedly makes him "very easy to deal with".

Alan Steinfeld QC, the veteran co-head of chambers at 24 Old Buildings, is another silk widely hailed for his prowess handling matters originating in a variety of offshore jurisdictions, with expertise in the Channel Islands mirrored by success further afield.

He was called to the Bar in 1967 and took silk in 1987.

He is also particularly well regarded among partners working on the Isle of Man, Jersey and in Guernsey, with his trusts practice highlighted as a key strength by several admirers.

"He is very good forensically and is a superb technical lawyer," comments one partner to have instructed Steinfeld on a high profile recent matter.

Steinfeld is among those barrister to have built an offshore practice spanning both sides of the Atlantic, including the Cayman Islands and Bermuda, while one Caribbean-based partner recommends him highly for work in the BVI.

Other experienced counsel recommended by partners in the region include Simon Taube QC of 10 Old Square, respected Erskine Chambers tenant Lesley Kosmin QC — who also boasts considerable experience in Caribbean jurisdictions including the Cayman Islands and the BVI — and Robin Knowles QC of 3-4 South Square. Meanwhile, the "outstanding" Lynton Tucker of New Square Chambers — one of those sets which in recent times has given increasing prominence to its offshore practice — is among those juniors to have made most of an impression in the jurisdiction.

Best known for his work in the field of trust litigation, Tucker provides "good value for money" and is renowned for his ability to "drill right down into the issues" while thinking creatively to reach a solution.

He co-edited the latest edition of seminal trusts book Lewin on Trusts and is regarded to have his "finger on the pulse".

Meanwhile, Richard Salter QC (1975 call) of Three Verulam Buildings is held in high regard for his work in Guernsey — which retains its status as Europe’s largest captive insurance market to complement strength in the banking, investment fund and trusts sectors.

The very experienced Patrick Talbot QC is also highly thought of in the jurisdiction, befitting his status as a lieutenant-bailiff of the Royal Court of Guernsey.

With an offshore practice founded on what observers regard as his "very good knowledge" of trusts work, Talbot, who was called to the Bar back in 1969 and took silk in 1990, is regarded as a "very safe pair of hands" by one senior disputes partner.

He is a tenant at Serle Court, alongside juniors such as Douglas Close and Giles Richardson, who partners suggest have both impressed in recent times.

Another junior to receive positive mentions for Guernsey work is Erskine Chambers’ "extremely hard-working and very bright" junior Andrew Thompson.

Thompson, a 1991 call, bases his practice on general commercial litigation with some specialisation in insolvency matters.

The Caribbean

Much of the work originating in the Cayman Islands reflects its status as home to the largest offshore banking community in the world.

It also boasts the second-largest captive insurance market in the world, while investment trusts and mutual funds provide further lucrative business streams for local lawyers and the counsel they instruct.

Geoffrey Vos QC, the experienced head of chambers at 3 Stone Buildings, is described by one litigation partner based in the Cayman Islands as a "massive figure in worldwide trusts". His increasingly international outlook means he is "extremely well known and liked" in a number of Caribbean jurisdictions.

Steven Moverley Smith QC also earns a number of favourable mentions from local partners in the Caribbean for his smooth handling of complex matters. Called to the Bar in 1985, Moverley Smith is a tenant at 24 Old Buildings and took silk in 2002.

"Expertise [for matters in the BVI] is not very widespread," argues one local partner, pointing to a select handful of experienced counsel whose practices are so focused — including Moveley Smith alongside the versatile Steinfeld and another senior "pragmatist" counsel, Stephen Smith QC.

Smith is a tenant at New Square Chambers, adding to that set’s impressive concentration of expertise in offshore matters, having been called to the Bar in 1983 and becoming a silk in 2000.

Senior junior David Brownbill is also very highly thought of for his work in the Cayman Islands and the Bahamas and is cited by several partners as an emerging talent in the field of trusts work.

One partner comments that Brownbill is "on the cusp" of establishing himself as a first-choice lead counsel for major cases in the region.

Brownbill, a 1989 call, is another tenant at 24 Old Buildings with a growing pedigree in commercial litigation and, in particular, trusts work in a number of offshore jurisdictions.

His "very pragmatic" approach is seen as a major asset.

Legal Week canvassed the views of 20 partners in the principal offshore jurisdictions.

Offshore Movers And Shakers

Channel Islands

Silks
Victor Joffe QC, Serle Court
Robin Knowles QC, 3-4 South Square
Lesley Kosmin QC, Erskine Chambers
Richard Salter QC, Three Verulam Buildings
Alan Steinfeld QC, 24 Old Buildings
Patrick Talbot QC, Serle Court
Simon Taube QC, 10 Old Square

Juniors
Douglas Close, Serle Court
Giles Richardson, Serle Court
Andrew Thompson, Erskine Chambers
Lynton Tucker, New Square Chambers

Isle of Man

Silks
David Farrer QC, Seven Bedford Row
Roger Kaye QC, 24 Old Buildings

Juniors
Richard Ritchie, 24 Old Buildings
Nicholas Le Poidevin, New Square Chambers

The Caribbean

Silks
Steven Moverley Smith QC, 24 Old Buildings
Stephen Smith QC, New Square Chambers
Geoffrey Vos QC, 3 Stone Buildings

Juniors
David Brownbill, 24 Old Buildings

Author: Charlie Wright

Source: Legal Week