Legal Guidance and Research / Experts / Stephan Venter
Stephan Venter#12932

Stephan Venter

Mourant Ozannes
I am a Senior Associate in the Litigation and Dispute Resolution team of Mourant in Jersey. I specialise in multi-jurisdictional commercial disputes that cover a wide range of areas, including contentious trust disputes, insolvency litigation, corporate recovery, fund disputes, and general commercial litigation. With extensive experience in these fields, I am well-equipped to provide valuable counsel and guidance to clients seeking legal support for their complex and high-stakes disputes.
 
Work highlights:
 
  • Advising the trustees of various family trusts on an ongoing basis with the trustees together holding substantial assets valued in excess of £4,5 billion in different offshore jurisdictions.
  • Representation of Shinhan Securities Company Limited [2022] JRC 293 – advised the KS Asia Absolute Return Fund IC (a Fund managing assets worth approximately $700 million), which successfully applied for a stay of legal proceedings before the Royal Court of Jersey pending the outcome of arbitration proceedings in Hong Kong.
  • Adeem Investment Holding Company KSCH v Al-Humaidi and Ors [2022] JRC 038 - advised a high-net-worth Kuwaiti businessman and related Jersey companies. Successfully challenged the Royal Court's jurisdiction over one of our clients and also succeeded with a forum non conveniens stay application.
  • Investin Quay House Limited (in Liquidation) v BUJ Architects LLP [2021] JRC 233 – acted for and advised BUJ Architects LLP and successfully defended an interim injunction application that was issued by the Plaintiff to restrain our client from pursuing a winding-up petition before the English High Court.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2019

Experience

  • Cliffe Dekker Hofmeyr (2017 - 2021)

Membership

  • ARIES
  • INSOL
  • The Contentious Trusts Association (ConTrA)

Qualifications

  • Bcom Law 2015
  • LLB 2017

Education

  • North-West University 2017

1 Contributions by Stephan Venter

English fixed charge receivers and Jersey security: recognition in Jersey, cross-border assistance and enforcement routes (Security Interests Law 2012, hypothecs, creditors’ winding up, désastre, dégrèvement)
PRACTICE NOTES
English fixed charge receivers and Jersey security: recognition in Jersey, cross-border assistance and enforcement routes (Security Interests Law 2012, hypothecs, creditors’ winding up, désastre, dégrèvement)
This Practice Note examines the role of fixed charge receivers from a Jersey standpoint. As there is no fixed charge receivership process in Jersey, it focuses on how Jersey law interacts with English fixed charge receiverships in the circumstances below: security granted by Jersey companies under English law over property located in England; and security constituted under Jersey law over property located in Jersey Security created by Jersey companies under English law over property situated in England In broad terms, the Jersey courts will recognise a charge validly granted by a Jersey company over collateral outside Jersey where a non-Jersey governing law has been properly chosen, which is usually the law of the place where the collateral is located. However, certain aspects of a non-Jersey law charge created by a Jersey company remain governed by Jersey law, applying private international law principles derived from English common law. These matters include the company’s existence, its capacity and corporate authority to enter into the transaction, and whether the directors have exercised their powers properly. Such points are typically addressed in a legal opinion delivered to the chargee...
Restructuring & Insolvency
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