Collas Crill

Deals & Cases

Dispute Resolution

  • Re C Settlement / C Limited

    Guernsey // 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.

  • Mr & Mrs Pitman v JEP & Broadlands

    Guernsey // 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.

  • 3B Holdings Limited (in liquidation)

    Guernsey // 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

    Guernsey // 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 // Jersey

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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

    Guernsey // 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

    Guernsey // 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 // Jersey

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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.

  • Atrium European Real Estate Limited

    Guernsey // 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

    Guernsey // 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.

  • Supreme Court of New York

    Guernsey // Jersey

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    Acted in connection with the provision to the Supreme Court of the State of New York of expert opinion on Jersey law concerning the service of process, taking of evidence, disclosure of documents, confidentiality and data protection in connection with proceedings before the New York Supreme Court against, among others, a Jersey-registered banking entity. The assignment required consideration and analysis of involved issues, including concerning private international law, the Hague Service Convention, the Hague Evidence Convention and the so-called 'Norwich Pharmacal' jurisdiction as applied in Jersey.

  • Zaman and Derbyshire Re Prince Jefri Bolkiah

    Guernsey // Jersey

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    Acting for Defendants in proceedings brought by their former employer, Prince Jefri Bolkiah of Brunei.   The proceedings in the Royal Court of Guernsey concerned the obtaining of evidence for use in substantive proceedings in the District Court of the State of New York. Witnesses from Lloyds TSB were cross-examined in Guernsey by US counsel in Washington DC and New York via videolink, and Livenote facilities.

  • Meinl Airports Managers Limited v AI Airports International Limited etal

    Guernsey // Jersey

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    Nuno Santos-Costa and Danny Le Maistre (in conjunction with the firm's Investment Funds team, Latham & Watkins (London) and Wolf Theiss (Vienna)), act for two Jersey collective investment funds, Airports and Power (or their respective boards) established by Meinl Bank AG, a major Austrian investment bank, in relation to litigation: (1) between Airports and its former investment manager, MAM, a subsidiary of Meinl Bank. This litigation, together with other litigation involving Airports/Power and Meinl Bank, recently settled and CC was involved with the settlement process; and (2) between the funds and a former director, Mr Pirrwitz. This is one of the earliest pieces of investment funds litigation in the Island, significant in terms of the amounts at stake and the complexity of the issues, and the fact that it is cross-jurisdictional.

  • In re D P S Hickman deceased

    Guernsey // Jersey

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    Our team has been, and continues to be, heavily engaged in advising and assisting the executor of the insolvent estate of the late Duncan Hickman in connection with the estate's administration and the claims of its many and various creditors. The matter is bristling with points, including novel questions of law. For instance, in the absence of settled law on the question the case has given rise to the formulation of a common-law procedure for the administration of insolvent estates.

  • Contentious fund matter

    Guernsey // Jersey

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    We are advising a significant shareholder of a Jersey Collective Investment Fund in relation to possible claims that might exist against the Manager and/or former directors of the Fund arising from the Fund's poor performance. Any claim would be significant; this is potentially high value and complex litigation. Pursuant to a Chinese Wall arrangement we have also recently been instructed by the Fund itself to provide corporate and other advice.


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