Areas Of Practise
Litigation in at the core of our practice. We act for a substantial proportion of all the claimants in personal injury and clinical negligence claims in Gibraltar. Our team have developed expertise in the efficient litigation management and conduct of such claims.
We have also successfully represented clients in substantial disputes in commercial matters. In specialist matters, we have excellent relationships with a number of the leading barristers' chambers in London and have developed the skill of knowing when and how to buy in specialist advice from outside Gibraltar when the client's interests require it.
We have considerable experience in working with eminent expert witnesses in many disciplines, and have expertise both in the selection of the best expert witnesses and in deploying their skills to the maximum advantage.
We regularly act for both employers and employees in the swift and reasonable resolution of industrial disputes. We have lawyers who specialise in the resolution of matrimonial disputes. This includes advising and acting for clients who are no longer based in Gibraltar but who are involved in proceedings here.
We are often instructed by solicitors in England to act as their agents in Gibraltar. In addition to acting as local agents, we are in a position to advise and assist our professional clients on Gibraltar law and procedure. We act as leading and/or junior counsel, as appropriate, in matters before the Gibraltar court in which our professional client outside Gibraltar are involved
At Phillips we have the expertise to ensure your employment issues will be dealt with expeditiously by lawyers with experience in the field.
We act for both employees and employers and our approach is to seek to resolve disputes promptly and in the best way possible for our client.
Our team of employment lawyers have advised many parties and have acted in numerous successful matters both in the Industrial Tribunal and also the Supreme Court of Gibraltar.
We are well prepared to fight a case with success, but we always look for opportunities to settle disputes amicably, and on favourable terms for our clients.
If you think you may have a claim against an employer, or that you may be the subject of an employment related claim, it is essential that you contact us as soon as possible.
Any delay in obtaining expert advice could be costly for you.
So, if you think you have an issue which may require legal advice, contact our Employment Law team today to arrange a free initial consultation.
In recent years Gibraltar has seen a complete reform of local legislation dealing with Matrimonial Disputes and many other areas of family and child law.
Our experienced lawyers have practised both in Gibraltar and in the United Kingdom, before and after the recent changes to the law, and are here to help clients experiencing family law problems.
Whether you are looking at getting married and need independent advice on pre-nuptual agreements, or whether your marriage has irretrievably broken down and legal steps are needed to protect your position, our lawyers are here to help you.
One of our family experts will be available to you for a free initial consultation. We will ensure that you are aware of your rights and that you do not prejudice your future welfare or the welfare of those close to you by taking any step without proper advice and consideration.
We will advise you on whether you are eligible for legal assistance, and if you are eligible we will be happy to act for you on that basis.
Our Commercial Law department provides services in three main areas.
Firstly, in relation to commercial disputes we advise on contentious commercial matters and try to negotiate satisfactory resolutions. If no amicable settlement can be negotiated then we will litigate the unresolved claims in the Gibraltar Courts, and, in those cases with an international dimension and with the assistance of our legal and professional associates in other jurisdictions, in the relevant jurisdictions outside Gibraltar.
We advise in the sale and purchase of businesses and companies in Gibraltar, acting for both buyers and sellers. We ensure that out clients' interests are properly protected in the course of the negotiations and in the final transaction documents. We act both for local companies and also in larger transactions, sometimes dealing with the Gibraltar aspects of a transaction which includes entities in a number of different jurisdictions. We provide Opinion Letters on the Gibraltar Law and Capacity in relation to the Gibraltar entities involved in such transactions.
We advise parties establishing a subsidiary or a branch in Gibraltar. We can arrange for the incorporation and structuring of the appropriate Gibraltar entity and registration for Tax, Social Insurance and Employment purposes We will deal with all the necessary registration applications, licenses and, if applicable, regulatory requirements for the business, and, if required, for the directors and employees of the new business. We will review and amend the clients existing employment contractual documentation to accord with the applicable laws of Gibraltar and advise on any Gibraltar Labour Laws and regulations which may be unfamiliar to the client.
We make the establishment of your business in Gibraltar as quick and as painless as possible.
Phillips has a longstanding reputation as one of Gibraltar's leading public law practises acting for parties other than Government. We have been involved in much of the major constitutional litigation in Gibraltar, appearing in cases that established the unconstitutionality of all-male juries, the requirement that there be legal assistance before the Mental Health Review Tribunal and the duty of the Magistrates' Court to give reasons for convictions.
We are also experienced in more conventional judicial reviews and public law disputes, in public housing cases, planning, environmental law, mental health law, extradition/surrender and prison law, and in areas where public law impacts on private-law actions, such as claims against the police or public authorities or disputes involving freedom of expression.
David Hughes, has published a review of constitutional litigation in Gibraltar in The Commonwealth Lawyer, has contributed to the publications on the on-going developments on the UK's constitutional developments, and is listed by the Legal 500 as leading junior in public law on the Wales Circuit. Anne Balestrino represented the Gibraltar Disability Society before the public inquiry into the Dr Giraldi Home.
Private Client Work
The senior lawyers of Phillips have many years of experience of working with private clients of many nationalities.
Wills and Probate and Will Trusts, or other trustee arrangements, are issues which will often arise where high net worth clients establish a new residence and domiciles in their later years but still need to provide for family members who remain resident in their jurisdictions of origin outside Gibraltar. Estate planning for international families with family members and assets in several jurisdictions is an area of work we undertake for private clients, usually in conjunction with their existing legal and financial advisers in the relevant jurisdictions outside Gibraltar.
We advise clients on the legal and practical arrangements needed to remove themselves from the onerous fiscal demands of some jurisdictions, such as the United Kingdom and many other European Union states, and how to become resident and domiciled in, and in some circumstances obtain citizenship of, other more fiscally reasonable jurisdictions.
For example, a person resident and domiciled in Gibraltar is not subject to any Capital Gain Tax, Death Duties, Estate Tax, Gift Tax or Wealth Tax.
Gibraltar does have income tax but the marginal rate payable on large taxable incomes is only 5% of that annual taxable income.
In some cases, where a new resident of Gibraltar complies with certain rules and establishes a business or occupation in Gibraltar, his income tax liability may be capped at a fixed amount irrespective of the actual earnings achieved from the business or occupation carried on by the taxpayer in Gibraltar.
One area of our practice relates to asset protection for persons of substantial wealth, with trust arrangements both in Gibraltar and also in secure jurisdictions outside the European Union.
We seek to ensure that some part the client's assets are not subject to claims or litigation arising from matrimonial or family disputes, professional negligence or other kind of claims or arising from disputes in the United Kingdom or the European Union, and including disputes or litigation with the tax authorities of the United Kingdom or an E.U. state.
Landlord & Tenant
Phillips acts for landlords and for tenants. Gibraltar law in this area is largely similar to English law but there are important differences. Thus attention to detail is vital. You can be assured that your case will receive that attention.
Our Personal Injury Team is second to none in Gibraltar.
If you have suffered physical or psychological injury as a result of negligence or the failings of an employer, a vehicle driver, or the occupier of land or buildings, or in some other way, you may have a legal right to proper compensation.
If you believe you may have a claim for compensation do not hesitate to contact us and arrange a free consultation. We will make no charge for listening to your information and advising you whether we think we can help you further.
Even if you worry that you cannot afford the costs of going to court, if we think that you have a good case for compensation then it is likely that we can help you.
If we consider that you have a good case, and we can obtain evidence to prove that case, we will act for you on a Conditional Fee Agreement, often called a "No Win, No Fee" agreement.
We seek to ensure that anyone who comes to us with a genuine claim will have access to justice and will be given the best and most comprehensive representation possible.
Phillips is the leading firm in Gibraltar acting for Claimants who have suffered as a result of medical negligence.
This can be a complex area of law and specialist knowledge and substantial experience are essential to ensure that the client's rights are fully understood and that all injuries and losses suffered are fully compensated.
Our expert team has invaluable experience in reviewing medical records and reports to ensure that there are no gaps in the evidence, that all the medical issues are correctly identified, and that a complete record of the evidence required to support a claim is obtained.
Our team have a deserved reputation for determination in pursuing our clients' claims and for success in achieving the best possible outcome for our clients.
We seek to prepare and present such a strong claim for our client that we can oblige the other party to settle on favourable terms without a trial. We often achieve this aim, so saving time and worry for our clients.
Access to Justice is often difficult for victims of medical negligence, but is also often essential for their future well-being.
Apart from offering a Conditional Fee Agreement, we will always explore the possibility of obtaining Legal Assistance for our client, that is to say public funding. This depends on the circumstances in each case, but is often available. We are willing to act for clients on a legally assisted basis.
When litigation cannot be avoided the costs can be considerable, but if we consider that our client has a meritorious claim, we will offer to act under a Conditional Fee Agreement (often called "No win, No Fee"). We will also seek to obtain recovery of any sums paid in respect of legal costs insurance.
Property & Conveyancing
Buying and selling property in Gibraltar is safe and secure. It is based on the laws of England but varies in many ways from the current position in England and Wales.
At Phillips we have experienced conveyencing Lawyers assisted by highly trained support staff with over 25 years experience in this field. We provide our clients with a professional service which ensures that the transaction proceeds smoothly and promptly through all its stages.
We take care to see that our clients are kept informed of progress throughout and warned promptly of any possible delay or problem. We act for buyers and sellers, mortgagors and mortgagees and our service includes the whole process from first "Subject to Contract" offer to completion of registration a title at the Land Registry and the Supreme Court of Gibraltar.
Phillips also acts for Property Management companies, ensuring compliance with the provisions of Head-Leases and Underleases, by enforcing covenants, ensuring performance of good repair and maintenance obligations and generally protecting the interests of both Lessors and Lessees by ensuring that the Legal obligations of all parties to Leases and Underleases are properly complied with.
Contact: Anne Balestrino
Ship & Yacht Registration
At Phillips we have many years of experience in the registration of ships of all kinds, from pleasure craft and Super-Yachts to oil tankers. Our clients vary from private individuals to public companies in the UK and Europe.
Gibraltar is one of the small groups of jurisdictions outside the UK which has a Red Ensign Category 1 Register. This means that any ship registered in Gibraltar will enjoy not only the benefit of Gibraltar's own legal and fiscal environment but, in addition, the support of the United Kingdom and full recognition by other maritime states of the safety and environmental protection documentation issued to Gibraltar registered vessels.
The Gibraltar Registry holds the much coveted 'White List' status within the Paris MoU on Port State Control.
Further, unlike the other jurisdictions outside the United Kingdom, the Gibraltar Ships Register is fully recognised as an EU member States' register so that Gibraltar registered ships have the freedom to transport cargo under the EU Cabotage system.
Wills & Probate
We know that our clients wish to ensure that their loved ones are protected from some of the uncertainties of life, and one of the ways to reduce the risks of an unforeseen or undesired outcome is to make a valid Will and review it from time to time as family circumstances change.
We can ensure that when you or members of your family pass away a properly considered Will ensures that the interests of you and your loved ones will be secured and protected in the way that was intended.
When you plan for the future we can help to provide the peace of mind that everything will be done quickly, safely and in a manner that ensures your wishes will be given proper effect.
Contact: T.G. Phillips