Remembering Jan

Jan practised as a barrister in England and worked at Clifford Chance before relocating to Bermuda in 1990, in part to write (together with leading UK solicitor, Terry O’Neill) “The Law of Reinsurance in England and Bermuda”. This leading text has become a recognised authority on insurance and reinsurance law.

Jan arrived in Bermuda in 1990, in the midst of a global reinsurance crisis. He and Ian Kawaley (the former Chief Justice of Bermuda), were involved in the many major (re)insurance company liquidations in Bermuda of the early 90’s such as Focus, Mentor and Bermuda Fire and Marine, and together contributed to the development of modern-day insolvency law in Bermuda. On this foundation, Jan developed a vibrant litigation and arbitration practice, becoming an eminent practitioner in (re)insurance dispute resolution and insolvency law. Jan appeared as counsel before the Supreme Court of Bermuda and Court of Appeal for Bermuda in over 50 cases reported in Bermuda. He had an extensive international arbitration practice as counsel and accepted appointments as an arbitrator in numerous international and domestic arbitrations.

Jan’s knowledge of the law was encyclopaedic. In his practice before the Courts, Jan was always keen to explore all aspects of the law and develop new interpretations and remedies which pushed the boundaries of Bermudian law. So much so that in one case the judge considered that Jan was asking the Court to indulge in “ground-breaking judicial activism”. Notably, he was the first to develop the solvent scheme of arrangement for insurance companies, with the first solvent scheme in 1995.

Some tributes to Jan which were sent to ASW after his passing …

“What a sadness to think that Jan is no longer with us – our condolences from all here at Clyde & Co who knew Jan to you and your colleagues, and to his family, for such a tragic loss.  He was truly a larger than life character who never shrank from a controversial view.  A great lawyer and a wonderful man to talk to on almost any subject under the sun.” – Michael Payton QC (Hon), Chairman, Clyde & Co LLP

“From where we sit, the Bermuda Bar has lost a wonderful scholar and advocate – and a most unique one.  Many senior counsel have a “war story” on any given topic; Jan had three.  He seldom seemed to wind up until he had told you two.  A delightful and insightful man was Jan.  We will miss him.” – Scott Oostdyk, Partner, McGuireWoods LLP

What very, very sad news.  Jan was larger than life, a very fine lawyer, a fount of knowledge on a wide variety of subjects apart from the law (particularly historical and operatic), a lover of fine cuisine, and a great raconteur.  I know I speak for everyone in saying that we shall miss him very much.” – Michael Collins QC, Barrister and Arbitrator