Jersey: Q&A With Josephine Howe

Last Updated: 16 November 2016
Article by Josephine Howe

Most Read Contributor in Jersey, August 2018

Josephine has been named in the Citywealth Leaders List and the Citywealth Future Leaders List, and was noted for her "measured and technically sound advice" in the latest Legal 500 Directory.

What's your story to becoming a lawyer?

I chose law as a degree at the University of Glasgow because I saw it as being a solid academic foundation for any future career, but during the course of studying, I decided that I wanted to be a lawyer. I continued on to do my diploma in legal studies – the Scottish equivalent to the LPC – at Glasgow Graduate School of Law, and subsequently did my training contract with Bishops LLP, now Brodies. Others on my law course went on to do accountancy or consultancy work, and some became teachers – a law degree is a door-opener to a number of careers.

What brought you to Jersey?

After graduating I went travelling and was in Japan for the 2002 World Cup where I met my now-husband, who is from Jersey. Once I had completed my training contract we decided to make the move from Scotland to Jersey and I arrived at Ogier – that was 11 years ago and I've been here ever since. When I started studying Scottish law I certainly didn't envisage ending up in Jersey via Japan! However, Jersey is an excellent move for lawyers who have qualified in other jurisdictions and are interested in an offshore career. The quality and variety of the work and the highly qualified professionals that you work with here mean that it's somewhere that you can continue to develop your career and technical skills. The work and the people are the best that you would find anywhere in the offshore world and that has certainly been one of the key factors in my decision to go on to qualify as a Jersey Advocate and to stay in Jersey, not to mention Island life and living by the sea.

Do you still go to court? What is the appeal of appearing in court for you?

During my time in Scotland I spent a year doing litigation. I'm glad to have had that grounding and to have had the experience of going to court on a near daily basis and handling litigious matters. However, my current practice is in non-contentious private client and trust work, so I don't currently go to court other than for ceremonial sittings. I do work closely with my dispute resolution colleagues in particular in relation to applications for the Court to bless momentous trustee decisions or non-contentious variation applications, but I am happy to let them do to talking!

What gives you satisfaction in your career?

I get to work with some of the top offshore private client lawyers – people like Steve Meiklejohn and Sally Edwards – and as part of a great team in a supportive environment with high quality and interesting work. What I do is very varied, and each instruction and each structure and the circumstances behind them are different. I also enjoy being able to build relationships with the local trust companies – the structures might be different but the fiduciaries and administrators that I deal with are professionals to whom I  speak to on a daily basis and over time you get to know well.

How have you seen the trust and legal sector develop in your time in the island?

I have been offshore for 11 years and I think that the main noticeable change has been the increase in regulatory and reporting requirements.  For example, when I first started there were no anti money-laundering requirements for the law firms – they were purely for the trust and company service provider, no FATCA, no CRS. Whilst this is a global development, Jersey is now ahead of many other onshore and offshore jurisdictions in relation to its compliance, cooperation and transparency. From a legal perspective we have seen the growth of very bespoke structures such as Reserved Powers Trusts, and we've seen the introduction of foundations in to Jersey law and the growth of private philanthropic structures. The other trend is that the value of the trusts is increasing. A large proportion of the smaller structures have been wound up over the last few years partly because of the administrative and compliance burden. There are probably fewer trusts, but the trusts that are being set up are often carefully considered, high value structures.

What developments – positive or negative – do you anticipate in the future?

As a jurisdiction, Jersey is very flexible and responsive to client needs. As such, we are able to develop our legislation and continually improve it in line with what we think potential settlors and trustees need, and in line with the judgments of the courts. One of the key attributes of Jersey as a trusts jurisdiction is that where we see a gap or see something working against us, we can very quickly make amendments to the law. In my time there have been several amendments, and every one of them has brought real improvements. The days of just churning out discretionary trusts are probably over – our work is increasingly about establishing bespoke trusts and structures for high net worth and international families, and their motivation is not purely tax-driven – they are more conscious about things like asset protection, the stability of the Island, the high quality of professional services and the respected judiciary.

Do you see yourself as a 'future leader' – and how might that materialise?

I've had the benefit of working with some of the offshore world's top private client lawyers in Steve and Sally to mention just two. They have been supportive of me since I arrived here 11 years ago, they have mentored me, and I have learned a lot from them. I see my role now as doing the same for the junior lawyers who are coming through. Growing and nurturing our own talent here, and providing the same support for them, is the way to develop them into future leaders in ten years' time, and I think that's very important. I also hope to promote and maintain both Ogier and Jersey's legal and technical excellence in the offshore arena, and that's done by providing practical and clear advice and working with our clients to provide the best legal solutions for their needs.

This interview feature first appeared in Business Brief magazine.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions