With its near 140 year history Julius & Creasy is one of the oldest law Firms in Sri Lanka, while also being the largest. Its reputation is one that has been built on rich tradition as well as the caliber of professionals passing through its corridors.
The beginnings of the partnership go back to when E.D. Thomas joined Villiers Alexander Julius and attested their first Notarial Deed. E.D. Thomas’ partnership with V.A. Julius was of a short duration as the former returned to England owing to ill-health and his place was taken by Harry Creasy, with the partners operating under the name, style and Firm of Thomas, Julius & Creasy. Although Julius & Creasy was established in 1879 with two other persons, L.P. Fisher and F. Liesching, the shorter designation of Julius & Creasy was not adopted until the endorsement of the deeds was changed in 1883 and it has remained so ever since.
Harry Creasy, the son of Sir Edward Creasy, who was one-time Chief Justice of the then Ceylon was also a member of the legislature at the time. V.A. Julius was the Senior Partner of the Firm and along with Harry Creasy, carried out their functions and duties with meticulous care and detail and in a few years their reputation for honesty, integrity, industry and precision grew to such an extent that they were respected unfailingly throughout the business and civil communities as well as the Government of the day. Julius & Creasy was not only the name of the Firm, but the names of two pioneers of legal practice in Sri Lanka – a banner of leadership which still flies proudly to this day.
The two founders of the Firm were also founder members of the Colombo Rowing Club being strong oarsmen as well as benefactors to Colombo society at the time. History records, that despite being Englishmen, the two founding partners showed a deep attachment to their adopted country and functioned with a sense of independence and fairness, which endeared them to their adopted local community as well as their own
The partners immediately succeeding the founders also had a profound impact on the professional and business communities as much as they helped shape the social fabric of the time. Learned and practical, these men and through them the Firm, became the bedrock of legal expertise.
Sydney Julius, the nephew of the founder V.A. Julius, was the senior partner of the Firm to succeed the founding partners. His winning ways of friendliness and charm soon endeared him to all the communities. He was renowned for his professional efficiency and meticulous attention to detail and his departure from Sri Lanka at the height of his success was universally regretted. Several matters of importance benefited from the negotiating acumen of Sydney Julius, where he acted as a peace-maker and settled contentious issues.
E.R. Williams who succeeded Sydney Julius as Senior Partner, was a partner of the Firm for thirty years but his character was the opposite to Sydney Julius as he was an introvert who performed his functions and duties with the minimum of fuss. He established such a reputation for skillful negotiation that he was engaged along with Harry Creasy to represent the interests of the Europeans in the Legislative Council.
O.P. Mount was another strong pillar on which the Julius & Creasy office was built. He was an expert in administration and management of the affairs and functions of the Firm, specializing in dealing with testamentary cases.
The first Ceylonese partner of the Firm was Mr. J.F. Martyn in 1944, and he was soon followed by H. T. Perera in 1946. True to its pioneering spirit, Julius & Creasy proceeded, for the first time in the legal history of Ceylon, to merge with another Firm, David Maartenz & Co., resulting in the Firm becoming the epicenter for commercial work in the country.
Another Englishman who made an impression on his clients was G.T. Hale. He was anxious to prevent delays in law and did his utmost to keep his clients out of Court. He was a deeply religious man and well loved by the community. He was the President of the Law Society as well as a member of the Council of Legal Education. Hale retired as senior partner in 1957 and his death in 1975 was met with much sadness by his many friends and clients whom he left behind on his departure to England.
Subsequently in 1961, F.C. Rowan CBE, one of the Firm’s most colorful Senior Partners, made some foresighted structural changes to the Firm. A lawyer of social as well as professional brilliance, his exit from the legal environs of Colombo left a deep void. He joined the Indian Army at the outbreak of war and returned to continue his practice in his own fearless fashion. He was a man of quick wit and Irish flair and legend has it that he was hosted at various farewell functions for upto three months prior to his departure from Sri Lanka.
Recognizing the potential of homegrown lawyers, the British solicitors opened the doors of the Senior Partner’s office to Sri Lankans. Mr. J.F. Martyn was followed by H.T. Perera and subsequently the colorful, J.A.Naidoo. Mr. A.R.N. de Fonseka steered the Firm through turbulent times in the country’s political history in the early 1970’s.
Julius & Creasy was also responsible for the first female Senior Partner in the annals of legal history in Sri Lanka. Mrs. L.C. Fernando was one of the first two women to pass out as Proctors, and she was subsequently the first Senior Partner in an otherwise male-dominated profession. The more recent years have seen the Senior Partners of Julius & Creasy striding the commercial and litigation landscape of Sri Lanka in a manner that spelt out its commitment to the development of the Firm, along with the consequent development of their clients. Mr. B.M. Amarasekera was responsible for a large number of property transactions in the country and was a conveyancing practitioner of repute. Mr. R.H.S Phillips, who was well known for his work in the intellectual property field, also helped draft the pioneering Intellectual Property Act of 1979. Another senior partner Mr. N. Ratnasabapathy was synonymous with the practice of commercial law followed by Mr R.Senathi Rajah. Mr Hermon Fernando was involved in many ground-breaking labour cases and was an expert in the field of labour and employment law. These gentlemen together with their colleagues contributed enormously to the value added by the Firm to the legal environs of Sri Lanka
In litigation too, the Firm has an extensive practice in all Courts of first instance and appeal. Despite being a predominantly civil law Firm, it has occasionally entered the fray in the criminal courts for certain clients. The Firm has contributed much to the jurisprudence of the country, being involved in several landmark cases over the years. It appeared in the first ever suit filed under the Intellectual Property Act, and was also involved in the defense of the impeachment motion filed against the then Chief Justice Neville Samarakoon among other memorable cases in the field of civil and commercial law.
From its inception as the untidy office of two highly respected Englishmen, Julius & Creasy has – despite the rigors of time – evolved and expanded into the largest, and one of the most highly respected and sought after legal Firms in Sri Lanka.
Founded in 1879
200 people in their team
Julius & Creasy has an excellent reputation for its corporate and commercial work and has carved an impressive niche in this field. Our corporate and commercial practice is broad-based and comprehensive. It is reflective of the diversity of our clientele, as well as the industries that they operate in. We are actively involved in local and cross-border transactions, representing individuals, private firms, listed companies, multinational corporations and government linked corporations.
We have considerable experience in all aspects of commercial contract negotiations and drafting. We provide our clients with an array of agreements and contracts, such as Joint Venture Agreements, Marketing Agreements, Supply of Services Agreement, Licensing Agreements, Design and Construction Agreements, Lease Finance and Capital Finance Agreements, Factoring Agreements, Agency and Distributorship Agreements, Share Purchase and Sale Agreements, Escrow Agreements to name a few.
Our team of lawyers are well versed in regulatory issues relating to the setting up of corporate entities in Sri Lanka, including the establishment of Branch offices, Liaison Offices and Offshore Companies. Our Firm also advises clients in respect of Agreements to be entered into with the Board of Investment of Sri Lanka. We regularly act for foreign investors and review relevant documents and advise on all aspects relating to foreign direct investment.
We provide a wide variety of services to corporate clients ranging from assisting in selecting the type of organizational entity under which to operate to the preparation of agreements, sale and purchase of businesses, obtaining financing and funding for business operations, employee relations, and dissolutions. The form of business chosen by an entity potentially affects every aspect of its operations. The Firm assists clients by providing them with the necessary information and business planning in order that they may make an informed decision whether they want to operate as a closely held business, limited liability company, partnership or corporation. We advise clients on diverse matters which include directors' and officers' liability, dissolution, franchising, reorganization, capital reductions, trade association membership and activity, joint ventures, business succession and shareholders' rights, corporate governance and compliance.
Our former senior partner is a member of the Company Law Advisory Board and has been a lecturer in Commercial Law in the University of Colombo and has served as an examiner in Commercial and Company law for various professional bodies for several years. Another senior partner serves on a committee appointed by the Securities and Exchange Commission in Sri Lanka to review the Takeovers and Mergers Code of Sri Lanka.
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The Firm handles insurance regulatory matters and transactions involving insurance and reinsurance companies. We have served as counsel to major national and international companies in this area of work.
From a regulatory perspective, we advise both local and international insurers and brokers on various regulatory issues pertaining to insurance law. We have advised on the legal processes for segregating the general and life insurance businesses of composite insurers, drafted applications for extensions and exemptions from the mandatory listing requirement; we have also advised entities in both the insurance industry and other industries in relation to structuring business relationships and have structured insurance products such as bancassurance products to align with all applicable laws and liaise with the Insurance Regulator where relevant. Additionally, we have been advisors (including drafting the necessary legal documentation) relating to foreign investments in local insurance companies, advised and assisted with the amalgamation of insurance companies (including our in-house Counsel obtaining the relevant approvals from Court).
Our litigation team provides representation related to insurance law, as well as addressing insurance and reinsurance coverage issues arising out of a wide variety of claims, including bad faith claims, environmental related claims, construction defects claims, construction bodily injury claims, personal injury claims, employment-related claims, product liability claims, professional liability claims, general liability claims and claims such as storm, fire and water losses.
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The Intellectual Property group advises on all aspects of Intellectual Property ranging from patent, trademark, copyright, design domain names, Unfair Competition in diverse fields such as biotechnology, healthcare, pharmaceuticals, computers, software, media and entertainment. Our clients represent numerous multinational companies, which include a majority of the Fortune 500 companies. We also act for several leading Sri Lankan conglomerates. We are regularly instructed by some of the leading Trademark Agents in the UK, USA, EC, Australia, Japan, Hong Kong, Singapore, Malaysia and India.
We undertake the full range of enforcement, management and transactional matters. Our enforcement work includes advising, prosecuting and defending our clients’ IP rights in courts, as well as Customs Authorities, National Intellectual Property Office and Consumer Affairs Authority, Excise Department and NMRA.
We advise foreign and local clients on the registration, clearance, protection and exploitation of IP rights, as well as manage and co-ordinate our clients’ IP portfolios in Sri Lanka. We represent clients before the National Intellectual Property Office (NIPO) in respect of any objections regarding registrability of trademarks to overcome objections. We act for clients in opposition proceedings and in Appeals to the High Court and Supreme Court from any decision of the Director General of Intellectual Property. We regularly liaise with the relevant authorities and keep clients appraised of the status of their applications. We also undertake IP audits and due diligence exercises.
Our team handles technology and communication matters, including drafting and reviewing contracts, assisting in negotiations and advising on regulatory compliance as well as drafting patents. The areas we cover include IT, internet and e-commerce, telecommunications, research and development, franchising, technology transfers and IP licensing.
Our partners are also members of the International Trademark Association (INTA), the Institute of Trade Mark Agents (London) (ITMA) and the Asia Patent Attorneys Association (APAA). Dr. J. M. Swaminathan of our Firm is the Chairman of the Intellectual Property Advisory Commission appointed in terms of the Intellectual Property Act.
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Employment law as it stands today regulates employer/employee rights duties and privileges though a complex network of statutes. Provision of advice/opinions and interpretations based on these statues are an essential function of our Labour and Employment Law Group. Our local and international clients range from small time entrepreneurs to large public corporations engaged in businesses which cover a wide spectrum.
Our attorneys have significant experience in dealing with issues arising out of strikes, lockouts, retrenchments, lay-offs, closure of establishment, acquisitions, mergers, disciplinary and non- disciplinary termination / dismissal etc.
We represent our clients in the Labour Tribunals, High Court, Court of Appeal and the Supreme Court. In addition to Court representation, we represent our Clients before the Commissioner of Labour at Labour Department inquiries pertaining to gratuity, EPF and ETF, and Termination.
We also act as the local point of contact/agents for foreign law Firms on specific assignments pertaining to labour and employment, for example, in instances where there is no local representation.
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The Firm has a large litigation practice and has been involved in many leading litigation and arbitration cases in Sri Lanka in the recent years. We represent clients in diverse areas of civil law and the Firm is involved in litigation matters in every tier of civil judicial fora. The Firm has the infrastructure, which enables them to handle cases from inception to conclusion within the Firm. We also provide clients, both local and international with comprehensive dispute resolution expertise including litigation, arbitration and negotiated settlements. The Firm advises, reviews and finalises pleadings while instructing eminent Counsel in keenly contested commercial and corporate disputes.
We offer a full range of top quality services across a broad spectrum of contentious work, including appellate practice, banking & financial services, company law including shareholder disputes, constitutional & administrative law, construction, corporate recovery & insolvency, defamation, employment, environmental law, fraud, infrastructure disputes, intellectual property, matrimonial and adoption, money recovery & contractual disputes, personal injury, product liability, medical and professional negligence, property, landlord & tenant and probate matters.
We also advise on settlement negotiation and alternative forms of dispute resolution. The Firm has represented clients in complex arbitration matters involving both Government bodies and private companies. We advise our clients about the advantages of ADR, keeping in mind the cost and time factor. The Firm has acted in several international arbitrations under the rules of the International Chamber of Commerce (ICC) and UNCITRAL.
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Julius & Creasy has a large innovative practice representing individuals and fiduciaries in all aspects of estate planning and estate administration as well as litigation. With respect to estate administration, the Firm is experienced in all issues relating to property transfers, probate and related litigation. Our Firm has been engaged by various interested parties including potential beneficiaries, executors and administrators in order that we may contest or defend decedents’ wills or intestate property. We also have experience in auditing the accounts of fiduciaries and investigating the administration of trusts and estates. We have represented fiduciaries and beneficiaries in actions to contest accounts, claims of self-dealing, breach of trust or conflict of interest and other claims of maladministration or breach of fiduciary duty.
We prepare documents ranging from wills to revocable trusts, irrevocable trusts and charitable documents with careful consideration to tax efficiency. The administration of trusts is carried out by Jacey Trust Services. We have acted as trustees for debenture issues and ESOPs for large Sri Lankan companies, including many local conglomerates.
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Our Firm represents both commercial clients and individuals (foreign and local) in a full range of real estate transactions. The Firm has been involved in transactions pertaining to retail malls, apartment projects (whether it be for commercial, industrial, or residential use), purchase and sale agreements, deeds of transfer, lease and tenancy agreements, construction agreements, mortgages and foreclosures, zoning, title examinations and reports, condominium property declarations, closings and management and executors conveyances. We also bring our experience into all aspects of contentious property law matters including disputes between landlord and tenant as well as building disputes.
In the construction field we represent owners, contractors, construction managers, developers, design professionals and suppliers in all aspects of the construction process, including bidding and document preparation, contract negotiation and formation, contract performance, financing and warranty issues, liens, as well as claims and dispute resolution.
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