David Benest

Managing Partner

David Benest

Expertise

Humanity

Expertise

I have long been drawn to Jersey’s distinctive history and its deeply rooted legal culture. That interest led me to study history and law at the University of Sussex, where I graduated with a first-class honours degree. I went on to pass the English Bar examinations with distinction and completed pupillage at a general common law set in London, gaining broad and rigorous experience across both advocacy and advisory practice.

The opportunity to return to Jersey was one I embraced with enthusiasm. I joined Bailhache Labesse (later Appleby), and was admitted to the partnership shortly after obtaining my Advocacy qualification at the age of 27. Over time, my practice developed across a wide range of contentious and private client matters, and I later assumed the role of office managing partner. That experience provided invaluable insight into the governance, culture and strategic direction of a substantial legal practice, as well as a clear understanding of how the expectations of local clients were evolving.

By 2013, it had become apparent to me that a growing segment of the local market was underserved. Individuals and owner-managed businesses were seeking legal advice that combined technical rigour with accessibility, clarity and genuine engagement. I founded my own firm that year to meet that need, with the ambition of creating a practice built on technical excellence, clear communication and a strong service ethos, focused on long-term client relationships rather than one-off transactions. In 2016, that practice evolved into what is now BCR.

Since those early days, the firm has grown significantly in both scale and capability. I continue to maintain a varied practice, including selected litigation, advisory and private client work, as well as complex and high-value family matters. What I value most, however, is acting as a trusted adviser to private clients, supporting them through different stages of life and helping them navigate legal complexity with clarity, judgement and foresight.

Those founding principles established in 2013 remain central to the firm’s values and continue to underpin how we operate today, shaping both the advice we give and the way we work with our clients. Making a positive and lasting difference remains at the heart of everything I do, and of the culture of the firm we have built.

Humanity

I was born and raised in Jersey, in a family where some relatives still spoke Jèrriais. I am proud of my Jersey heritage and a strong advocate for all that the island has to offer, from its sense of community to its remarkable landscape and local produce. I cannot point to a single defining moment when I decided to become a lawyer, but the idea took root early and that early exposure undoubtedly helped shape what became a lifelong profession.

Outside my legal practice, I have a long-standing passion for food and cooking. I have an ever-growing collection of cookbooks - now closer to a reference library - and enjoy nothing more than discovering a new recipe to try out on willing (and occasionally unsuspecting) dinner guests. I also have a deep interest in wine, and in champagne in particular. Time spent seeking out new bottles, exploring vintages and adding to my cellar is never wasted, and I take as much pleasure in sharing wine as I do in discovering it.

Travel is another enduring interest and a welcome counterbalance to professional life. I particularly enjoy exploring Europe, with Italy remaining a firm favourite for its food, art, culture and relaxed approach to time. I am also drawn further afield, especially to Africa, which holds a special place for me through friends and family, and for the perspective it offers. I am a keen horse rider and have owned polo ponies in both England and South Africa, playing to a modest level. I have also been fortunate to explore parts of Europe, Africa and South America on horseback - experiences that are as likely to involve dust, early mornings and questionable comforts as they are unforgettable scenery and exceptional food.

These interests help keep me grounded, curious and balanced. They reflect a belief in enjoying life, valuing good company and maintaining perspective - principles that quietly but consistently inform how I approach both my professional and personal life.

Professional Qualifications and Memberships

  • First class degree in Law and History from the University of Sussex.
  • Called to the English Bar in 1995.
  • Admitted as an Advocate of the Royal Court of Jersey in 1999.
  • Appointed to the Senior Lawyers Panel of La Chambre de Discipline of the Guernsey Bar in 2015.
  • On the Board of Examiners for the local professional examinations.
  • Member of the British Insurance Law Association.
  • Deputy Chairman for the Jersey Social Security Tribunal.
  • First class degree in Law and History from the University of Sussex.
  • Called to the English Bar in 1995.
  • Admitted as an Advocate of the Royal Court of Jersey in 1999.
  • Appointed to the Senior Lawyers Panel of La Chambre de Discipline of the Guernsey Bar in 2015.
  • On the Board of Examiners for the local professional examinations.
  • Member of the British Insurance Law Association.
  • Deputy Chairman for the Jersey Social Security Tribunal.
  • First class degree in Law and History from the University of Sussex.
  • Called to the English Bar in 1995.
  • Admitted as an Advocate of the Royal Court of Jersey in 1999.
  • Appointed to the Senior Lawyers Panel of La Chambre de Discipline of the Guernsey Bar in 2015.
  • On the Board of Examiners for the local professional examinations.
  • Member of the British Insurance Law Association.
  • Deputy Chairman for the Jersey Social Security Tribunal.
  • First class degree in Law and History from the University of Sussex.
  • Called to the English Bar in 1995.
  • Admitted as an Advocate of the Royal Court of Jersey in 1999.
  • Appointed to the Senior Lawyers Panel of La Chambre de Discipline of the Guernsey Bar in 2015.
  • On the Board of Examiners for the local professional examinations.
  • Member of the British Insurance Law Association.
  • Deputy Chairman for the Jersey Social Security Tribunal.
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  • The finest and most authoritative litigator in personal injury in Jersey – his interpersonal skills are also excellent, making him a delight to work with.
    Legal 500
  • "[We] are very grateful for the excellent service from BCR Law in respect of this matter and would like to extend our warmest thanks"
    Wills Client, 2025

Notable Cases

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  • Trusts / Wills
    Appleby Corporate Services (BVI) Ltd v Citco Trustees (BVI) Ltd [2014]
    David led a team of international lawyers in bringing a successful multi-million dollar claim for breach of trust against former trustees arising out of their failure to review the performance of investment managers to whom they had delegated the management of the trust fund.
  • Trusts / Wills
    In Re Le Cras [2013] JRC240
    David acted for the Representor, a beneficiary under a will. The Court was asked to decide whether the word “issue” applied to the children of the testator only, or extended to further generations. In concluding the latter, the Court was then asked to decide whether the division of the estate continued per capita or per stirpes. Both were novel points in Jersey and the case therefore is of some importance.
  • Trusts / Wills
    Reed v. Papyrus Investments Ltd (Royal Court) 2005 JLR N [12]
    David acted for the beneficiary of a discretionary trust to whom the trustee had appointed funds which had not been paid. The Court considered the meaning of the term “absolutely and without reservation” in the appointment and found that the appointment was valid and that the beneficiary was owed the monies appointed to him.
  • Trusts / Wills
    L and M Trusts, In re (Royal Ct.)[2003] JLR N [6]
    An important decision in which David acted for the beneficiary of a trust who was resisting the disclosure of information to a beneficiary which would have made it easier for an attack to be made on the validity of the trust in the context of foreign matrimonial proceedings. The Court dealt with the principles to be applied in such circumstances and refused disclosure of the information.
  • Trusts / Wills
    X (Curatorship of), In re (Royal Ct.)[2002] JLR 259
    This case involved seeking a declaratory judgment from the Court and concerned the validity of a will and the capacity of a testator under curatorship, as well as the Court’s jurisdiction to grant such a declaration.
  • Trusts / Wills
    Rabaiotti 1989 Settlement, In re (Royal Ct.)[2000] JLR 173
    This landmark Jersey case concerned a beneficiary’s right to information and the trustee’s requirement to submit to a foreign jurisdiction in the context of foreign family proceedings.
  • Property and Planning
    Fogarty v St Martin’s Cottage[2017] JCA 096; [2016] JCA 180;[2016] JCA 222; [2015] (1) JLR 356]
    David led the team in a significant Jersey land law case involving a boundary dispute that raised novel questions of customary law, including whether damages could be awarded instead of ordering the removal of an encroachment. The Court of Appeal ultimately found that, following the neighbours’ agreement on a new boundary, there had been an implied transfer of land and permission for the encroachments to remain.
  • Property and Planning
    Hobson v Minister for Planning (Royal Court)[2014] JRC028 and Minister for Planning v Hobson (Court of Appeal)[2014] JCA 148
    David appeared for the Minister in this third-party planning appeal concerning what constitutes ‘sufficient justification’ to depart from the Island Plan. The Court of Appeal found the decision to approve a garage in the Coastal National Park unreasonable, holding that cosmetic factors like design and landscaping could not outweigh the strong presumption against new development under Policy NE 6.
  • Property and Planning
    Minister for Planning -v- Herold[2014] JRC020
    David acted for the Minister in this appeal from the decision of the Master. The decision is important for two reasons: firstly, it considered the power of the Court to extend statutory deadlines where legislation does not provide a discretion to do so. Secondly, the case incorporated jurisprudence on the protection of European Convention rights in the context of planning decisions.
  • Property and Planning
    Herold -v- Minister for Planning [2014] JRC012
    David acted for the Minister in this third party planning appeal, which considered the applicability of conflicting policies of the Island Plan and in particular the applicability of listed building policy to a potentially listed building, both on the development site and neighbouring it.
  • Property and Planning
    Barclays Private Bank Intl. Ltd. v. Jersey Sports Stadium Ltd. (Royal Ct.)[2012] (1) JLR 119
    David acted for the Plaintiff in this case, where the Court considered the measure of damages owed following the breach of obligations to repair. The case also focused on issues such as the discretion of the Court to decide preliminary points of law following arbitration.
  • Property and Planning
    Colesberg Hotel Ltd. v. Alton Hotel Ltd. (Royal Ct.) [2003] JLR 47
    David acted for the Defendant in this case which remains the leading authority concerning the doctrine of “aggravation de servitude”. Here, the Court considered issues relating to an apparently unrestricted right of way, and servitudes created for a particular purpose, as well as the extinction of servitudes in the context of a housing development.
  • Property and Planning
    Haas (née Daniel) v. Duquemin - (C.A.)[2002] JLR 27
    David acted for the Appellant in the Court of Appeal. This case concerned a range of land law issues, including the rights of co-owners, the nature of servitudes and the judicial regulation of co-owners rights over servitudes.Le Maistre v. Planning & Environment Cttee. (Royal Ct.)
  • Property and Planning
    [2001] JLR 452 and [2002] JLR 389
    David acted for the appellant Plaintiff in this Planning Appeal, which considered the need to balance the personal circumstances of the applicant and the application of policy when considering the test for an appeal in planning matters.
  • Personal Injury
    Glen Rhys Le Claire v William Brown [2015] JRC 093
    David acted for the Plaintiff in this important case in which the Court set out for the first time the principles which a Court should apply in approving the settlement of a personal injury claim on behalf of a plaintiff who is the subject of a curatorship.
  • Personal Injury
    X v Estate of Y (Deceased) and Axa Insurance UK plc [2015] JRC 043
    This is the first case in which the Court has made a periodical payment order in a personal injury action in Jersey (albeit by consent) and sets out the principles the Courts will apply in so doing absent the UK’s statutory framework covering such things. The case is of considerable practical importance in substantial personal injury cases. David acted for the Plaintiff.
  • Personal Injury
    V v The Minister for Health & Social Services [2014] JRC 137
    This is the leading authority establishing the Court’s inherent jurisdiction to approve a settlement in a personal injury claim on behalf of a minor and the factors which the Court will take into account in doing so. David acted for the Minister.
  • Personal Injury
    Chartier v Jersey Post [2007] JLR 187
    This case considered the appropriate approach to a Court’s finding contributory negligence and the adequacy of the Court’s reasons for its judgment at first instance.
  • Personal Injury
    Cole v Jersey Police [2003] JLR 460; [2004] JLR N [23]; [2007] JLR 606
    David acted in this claim for breach of confidence concerning the unauthorised disclosure of police records. The case considered this area of law for the first time in Jersey and the principles which the Court would use in awarding damages. David also acted for the States of Jersey Police in connected litigation.
  • Personal Injury
    Noel v Ann St. Group Ltd. [2004] JLR 378
    David acted successfully for the Defendant in this case, which considered the extent of an occupier’s liability, particularly in relation to neighbouring land.
  • Personal Injury
    Gildea v Health & Social Services Committee [2004] JLR N [50]
    David acted on behalf of the Defendant Committee where the Royal Court dealt with the duties owed by an expert in proceedings and conflicts of interest where they had been involved in the Plaintiff’s care.
  • Personal Injury
    Deeny v Health & Social Services Committee [2003] JLR 138
    David acted for the Defendant in this case regarding pre-action discovery which set out the principles applicable to such an application and the incidence of costs.
  • Personal Injury
    Dobson v Public Services Committee [2003] JLR 446
    This important case established the extent to which there exists in Jersey law a private law duty of care for failure to maintain the public highway.
  • Civil Procedure
    Le Claire v Brown [2014] JRC 187A
    The case is the most recent authority dealing with the principles to be applied in the Court ordering a split trial on issues of liability and quantum. David appeared for the Plaintiff.
  • Civil Procedure
    Cole v States Police (Chief Officer) [2008] JLR N [47]
    David acted for the Jersey Police. The case established the principles under which the Court will award costs where there has been a Calderbank offer having the same effect as a payment into court.
  • Civil Procedure
    Trustcorp Ltd. v Barclays Private Bank & Trust Ltd. [2007] JLR N [24]
    David acted on behalf of the defendant Bank in this application dealing with specific discovery.
  • Civil Procedure
    Lincoln Nominees Ltd., Bespoke Investments Ltd. [2005] JLR N [29]
    The Court considered how costs should follow the event in the context of civil procedure, given the refusal by the parties to mediate prior to litigation.
  • Civil Procedure
    Whitesmith v Papyrus Investments Ltd. [2003] JLR N [37]
    David acted for the Plaintiff in this matter, in which the Court considered the legitimate expenses of the Defendant and matters of procedure arising from a Mareva injunction.
  • Civil Procedure
    Makarenko v CIS Emerging Growth Ltd. [2001] JLR 348
    David acted on behalf of the Plaintiff in this case which considered arbitration, the scope of such arbitration, and the Court’s discretion in granting a stay of proceedings.
  • Public Law
    Warren v HE the Lieutenant Governor [2017] JRC 097
    David acted in successful defence of an application seeking leave to apply for judicial review of a decision of the Lieutenant Governor, who had refused to refer the Applicant’s conviction for conspiracy to import cannabis resin back to the Court of Appeal.
  • Public Law
    Salt Ltd v Minister for EDD [2017] JRC 015
    David appeared successfully in an appeal of a planning condition imposing restricted opening hours on a pizza restaurant.
  • Public Law
    Cole v Jersey Post [2003] JLR 460
    David acted on behalf of Jersey Post in this case, where the Court considered data protection and the private law remedies available for breach of the Law.
  • Public Law
    Yacht Hotel Ltd. v Licensing Assembly [2002] JLR 351
    This decision arose from a successful judicial review of the Licensing Assembly’s decision to refuse a nightclub licence to the Hotel.

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