Collas Crill

Deals & Cases

Dispute Resolution

  • IP infringement matter

    Guernsey

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    Acted in a potential infringement action in Guernsey in relation to the use of a fund name which infringed existing trade mark reights registered in Guernsey. This resulted in the infringing party changing their name.

  • Haden-Taylor v GAB Robins UK Limited & Others

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    Acting for a loss adjuster defending a multitude of claims brought against it by the Plaintiff in the Royal Court of Jersey arising out of two insurance claims. The proceedings involve a number of novel and important points of law, including whether a loss adjuster owes a duty of care to an insured person. Successful in having the vast majority of the Plaintiff's claims struck out at an interim hearing, with costs being awarded in our client's favour. The proceedings are on going.

  • Advising the Representor in an application brought against Derby Riverlights Limited and Others

    Jersey

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    Acting for the Representor seeking the assistance of the Royal Court of Jersey on the grounds of the Court's inherent jurisdiction to issue a Letter of Request to the High Court of Justice in England and Wales requesting that it place a Jersey company into English administration pursuant to Section 426 of the Insolvency Act 1986. Applications of this nature require detailed evidence explaining why an English administration is a more appropriate than the insolvency remedies available under Jersey law.



  • In the matter of the Representation of CPI Ukraine Holding Limited and CVCIGP II Ukraine Investment Limited

    Jersey

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    Acting for a Jersey registered company and its directors through which Ukrainian real estate assets were structured and defending an action brought by a division of Citibank. The Representors to this action sought the just and equitable winding-up of the Jersey company on the grounds of: breaches of the shareholders deed and Articles of Association; and breakdown of relationship, loss of trust between company directors and shareholders (pursuant to Article 151 of the Companies (Jersey) Law 1981.



  • Recognition and Enforcement of Foreign Judgment Debts

    Jersey

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    Defending an action seeking the recognition and enforcement of a US judgment debt.  The creditor of the judgment debt sought to enforce against the liquid assets settled on trust by the debtor.  Parallel proceedings took place in Cayman and a co-ordinated approach to defend the recognition and enforcement of the judgment debt was required.

     

     


  • Trust disputes

    Jersey

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    1. Representing various beneficiaries in respect of applications brought pursuant to Article 51 of the Trust (Jersey) Law 1984 seeking direction and approval of the distribution, division and sale of assets settled on trust.

    2. Representing the beneficiaries of a trust regarding a claim against the corporate trustee for breach of trust and gross negligence in connection with financial investments made over a ten year period.

     

     


     

  • Mr & Mrs Pitman v JEP & Broadlands

    Jersey

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    Collas Crill successfully defended the Jersey Evening Post (JEP) against a claim for damages for libel brought by two local politicians in respect of a satirical seasonal cartoon commissioned by Broadlands, a firm of estate agents, and published in the JEP. After a three day trial the Royal Court dismissed the action, finding that the publication was not defamatory of the Plaintiffs, and ordered that the Plaintiffs pay the Defendants' costs of the action.

    In July 2013 (some 15 months after the Royal Court giving its judgment) Collas Crill successfully resisted an application made by the Plaintiffs for permission to appeal against that judgment out of time. The Plaintiffs have, however, renewed their application for permission to appeal out of time to the full Court of Appeal and that application will be heard in November this year.

  • 3B Holdings Limited (in liquidation)

    Jersey

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    Instructed by the Joint Liquidators of a Jersey company wound up by the court on a just and equitable basis. Successfully defended an application by creditors/shareholders of the company for the removal of the Joint Liquidators from office (the court developing Jersey law in this area in the process) and obtained an indemnity costs order against the applicants. An application is currently before the court seeking orders bringing the winding up to a conclusion.

  • Horizon Investments (Jersey) Limited

    Jersey

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    In conjunction with Collas Crill's corporate and commercial and insolvency teams, acting for the company, which conducted investment management and fund services in Jersey. Successfully applied for an order from the court winding the company up on a just and equitable basis.

  • Hitchins v Hill

    Guernsey

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    Representing 3 siblings in proceedings against their estranged sister, challenging a purported transfer of their mother's 100% beneficial interest in the share capital of a Guernsey based company to their sister. The purported transfer was concluded the day after their mother was diagnosed with cancer, and approximately 3 weeks before she died from her illness. The Plaintiffs' primary argument was that the purported transfer was brought about by their sister exercising undue influence over their mother. Following a 2 week trial, the court found that Defendant has acquired a measure of influence or ascendancy over her mother who reposed trust and confidence in her. The transaction was not readily accounted for by ordinary motives and no adequate explanation had been forthcoming to establish that the mother was acting of her own free volition. The transaction was declared not valid for the reason that the mother's signature on the transfer document was obtained by undue influence. The case is important to Guernsey legal practitioners and local trust companies as it gives valuable guidance on how the court will deal with allegations of undue influence and lifetime gifts. This is thought to be the first official judgment from the Royal Court of Guernsey concerning this issue.

  • Luxicabs Limited v Baal

    Jersey

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    Acting for an employee in a successful claim against her former employer, Luxicabs, for unfair dismissal in the Employment Tribunal; enforcing that award and then successfully defending an appeal to the Royal Court brought by Luxicabs against that award/judgment, the Court, in the process, clarifying/confirming that awards of the Employment Tribunal are enforceable through the Jersey Courts.

  • Re Lost investments

    Jersey

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    We are instructed by an Irish client to issue proceedings against a number of entities of a Jersey fiduciary services provider in relation to approximately €18m invested (and lost) by the client. There are a number of other sets of associated proceedings in Jersey, England and Germany.

  • Project Windermere

    Guernsey

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    Advising the equity sponsor in connection with the restructuring of debt by commercial property owning fund.  Included advice on Guernsey insolvency procedures.

  • Re C Settlement / C Limited

    Jersey

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    We act for a beneficiary of a Jersey trust in the context of a dispute and ongoing proceedings between her and her step-children in other jurisdictions. The trustee has issued applications seeking directions from the Royal Court and the matter is ongoing.

  • Atrium European Real Estate Limited

    Jersey

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    In conjunction with Slaughter & May in London we are advising a committee of directors of Atrium European Real Estate Limited, a committee formed for the purpose of taking advice on a €1.2bn derivative claim brought in Jersey by Meinl Bank and another shareholder of the company. Litigation is also ongoing in London and Israel. This is high value, complex, high-profile litigation.

  • Bagus Investments Ltd v Kastening

    Jersey

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    Represents the defendant in proceedings brought by Bagus Investments Limited. This matter has been to Court five times and involves an allegation that our client took money from a trust which did not belong to him and laundered it through three different jurisdictions, namely Liechtenstein (through two Anstaldts), Switzerland and London. The argument now turns on whether the defendant received the money knowing of a prior breach of trust, or innocent of this. The case has already resulted in a landmark decision on the law of constructive trusts.


Contact Us

GUERNSEY
Glategny Court, PO Box 140
Glategny Esplanade, St Peter Port
Guernsey
GY1 4EW

T:+44 (0)1481 723191
F:+44 (0)1481 711880
E:guernsey@collascrill.com

JERSEY
40 Don Street
St Helier
Jersey
JE1 4XD

T:+44 (0)1534 601700
F:+44 (0)1534 601701
E:jersey@collascrill.com

LONDON
288 Bishopsgate
London
EC2M 4QP

T:+44 (0) 203 008 7220
E:london@collascrill.com



SINGAPORE
3 Church Street
Level 8 Samsung Hub
Singapore 049483

T:+ 65 6408 3399
E:singapore@collascrill.com


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