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Jersey Law Commission - appointment of Chairman and Commissioner

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STATES OF JERSEY

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JERSEY LAW COMMISSION: APPOINTMENT OF CHAIRMAN AND COMMISSIONER

Lodged au Greffe on 4th November 2003 by the Legislation Committee

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to r e fer to their Act, dated 30th July 1996, in which they approved the establishment of a Jersey Law

Commission, and to appoint Mr. David Lyons as Chairman and Advocate Kerry Joy Lawrence as Commissioner for a period of 5 years with effect from 19th November 2003.

LEGISLATION COMMITTEE

REPORT

The States, by Act dated 30th July 1996, adopted a proposition of the Legislation Committee and approved the establishment of a Jersey Law Commission. They also appointed the following persons to act as its Chairman and members

A d v o cate Keith Sherwood Baker, Chairman Ju r a t Donald Edward Le Boutillier

M r . D avid Lyons

On 9th December 1997 the States approved the appointment of the following additional Members to the Commission

A d v o cate William James Bailhache M r . D avid Oswald Moon

On 8th February 2000 the States approved the appointment of the following additional members to the Commission for a period of 5 years with effect from 8th February 2000 –

A d v o cate John Gerald Patrick Wheeler A d v o cate Alan Richard Binnington

M r . C live Aubrey Charles Chaplin

During 2000 Advocate Bailhache departed from the Commission on assuming the office of H.M. Attorney General and Jurat Le Boutillier and Advocate Baker retired from the Commission. Mr.  Moon was appointed Chairman by the States on 15th November 2000. Mr.  Moon has now indicated that he wishes to retire from the Commission.

The Law Commission's current activities and pilot topics are set to be continued under the Chairmanship of Mr.  David  Lyons, who has been proposed as Mr.  Moo'ns successor, when he retires on 19th November 2003.

The Committee is grateful to Mr.  Moon, who, during his term as Chairman, has been committed to the work of the Committee.

Advocate Kerry Lawrence has been proposed as a new member of the Commission to take the place vacated by Mr. Moon.

The Committee recommends that Mr.  Lyons be appointed to serve as Chairman of the Jersey Law Commission for a period of 5  years with effect from 19th November 2003 and that Advocate Kerry Lawrence be appointed as a Commissioner also for a period of 5  years with effect from 19th November 2003.

There are no additional financial or manpower implications for the States arising from this proposition. David Lyons

David Lyons was born in Stoke-on-Trent in 1943 and has resided in Jersey since 1973.

He graduated from London University (The London School of Economics and Political Science) in 1965 with a LLB(Hons)(2i) degree. After lecturing in law at Kingston University he was articled in the City of London at Linklaters. He passed the Solicitors Finals in 1967 with a 2(i) distinction and was awarded the City of London Solicitors' price for the best student in the City in Commercial Law.

After leaving Linklaters Mr. Lyons became Legal Adviser to Abbey Life and then re-entered private practice founding the firm Lyons & Caplan in Jersey in 1973 in association with Crill Cubitt Sowden & Tomes. He retired from Crill Cubitt Sowden  & Tomes in 1988 but continued to practice as Lyons & Caplan whilst spending an increasing amount of time as a director of/adviser to Bilbao Vizcaya Bank (Jersey) Limited, Brown Shipley (Jersey) Limited, Bankers Trust Company Limited and The Royal Bank of Scotland (Jersey) Limited where he

was Deputy Chairman until 2001.

He has now retired from private practice and bank directorships but retains commercial interests and consultancies with several trust companies. He is a member of the International Bar Association, the International Fiscal Association and the Society of Trust and Estate Practitioners.

Advocate Kerry Lawrence

Advocate Lawrence is a Litigation Partner with Ogier & Le Masurier.

She graduated from St.  Anne's College, Oxford University with a degree in Zoology. After a career in academic publishing she re-trained in law and was called to the English Bar in 1995 after a period of the Bar in London came to Jersey and was called to the Jersey Bar in 1999.

Whilst dealing in all areas of commercial litigation, her work focuses particularly on contentious trust matters, and regulatory work and she is a member of Ogier & Le Masurier's cross-group trust and regulatory teams.