Collas Crill

Deals & Cases

Dispute Resolution

  • 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.

  • 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.

  • Landsbanki Guernsey Limited

    Guernsey // Jersey

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    Acts for the joint liquidators of Landsbanki Guernsey Limited (in liquidation), Deloittes. The firm placed the bank into administration (the first such order to be made under the 2008 Guernsey Companies Law) and are working closely with the restructuring and insolvency team at Hogan Lovells - Deborah Gregory is the partner - and leading counsel, Richard Sheldon QC.  The administration was cross-border, the bank having assets in Guernsey, the UK and Iceland.  During the course of the administration we advised the Joint Administrators (and in some cases still are advising the joint liquidators) in relation to all aspects of the insolvency, the handling of creditor claims and litigation, co-ordinating the commencement and conduct of proceedings in Iceland against the parent bank in conjunction with Icelandic Lawyers Jonsson & Hall, advising the Joint Administrators (now liquidators) in respect of potential claims available to the Bank and representing the Joint Administrators/Liquidators before the Guernsey Court.   The matter has received (and continues to receive) huge amounts of publicity, both locally and internationally.

  • Guernsey Post

    Guernsey // Jersey

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    First statutory appeal to be heard by the Royal Court of Guernsey following the abolition of the specialist regulatory appeals tribunal in 2007.  Acted for Guernsey Post Limited, in relation to a decision of the utility regulator to reduce GPL's monopoly and open up a significant segment of the Guernsey postal market to competition.  Advised GPL during consultation process during decision leading to appeal. Obtained a favourable settlement for GPL, on the basis that the initial consultation contemplated full competition, the decision appealed contemplated a protected area of £1 (excluding 'packet mail'), and settlement level was agreed at a protected area of £1.35 (excluding 'packet mail').

  • IP infringement matter

    Guernsey // Jersey

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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.

  • Administration of Bon Port Hotel

    Guernsey // Jersey

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    Advised the secured lender with respect to an application to place this prominent local hotel into administration and, following the failure of the borrower to refinance its operations, successfully made the application to place the property holding and trading companies into administration.  The application was vigorously contested by the companies and their shareholders.  Subsequently the firm were retained by the Joint Administrators and advised them with respect to the Administration generally, including (via the Property team) the realisation of the major assets of the Bon Port companies.

  • In re G Family Trust

    Guernsey // Jersey

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    Acts on a substantial trust dispute valued originally at approximately £11 million. This is a high value dispute involving complex trust matters.

  • Incat Equatorial Guinea Limited v Luba Freeport Limited

    Guernsey // Jersey

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    Instructed by the Defendant company to seek an order enforcing an alleged agreement made by the parties to settle some high value and complex commercial litigation. It has given rise to an important judgment on fundamental issues of Jersey contract law.

  • Borelli Walsh/Garrington Group

    Guernsey // Jersey

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    Acting for liquidator of Hong Kong Company whose investigations in part required production of documents from a range of uncooperative Guernsey entities.  Advised in relation to the application of the little used Insolvency Act 1986, s.426 procedure, and in doing so obtained orders from the Guernsey Court applying Hong Kong insolvency law to require the Guernsey parties to produce the documents.  The application of Hong Kong law (and therefore the identification of section 426 of the means by which it may be applied) was crucial, as, at best, it is uncertain as to whether there was an equivalent power available to a liquidator/court in Guernsey insolvency law.

  • Ferrara v Minister for Planning & Environment

    Guernsey // Jersey

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    Acting for the Third Party Appellants in a successful appeal to the Royal Court against planning permission granted by the Minister for Planning & Environment.

  • SITA Guernsey Limited

    Guernsey // Jersey

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    Acted for Sita Guernsey Limited which is a subsidiary of Suez Environment in the development of the Waste to Energy Plant and all related activities inGuernsey. The team, led by Jason Romer (and Chris Bound) brought together project work involving corporate, regulatory, property and project finance type work across the firm.  Working alongside Allen & Overy in a number of the areas of the transaction, the firm has been able to bring its specialist knowledge of the whole Guernsey legal arena building on its experience in specialist projects such as the development of Renewable Energy and acquisition of Herm Island. Once the States of Guernsey reversed the decision to proceed, the firm advised on the potential for remedies under public law from within the Dispute Resolution team. 

  • New Media Holdings Limited -v- Capita Fiduciary Group Limited

    Guernsey // Jersey

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    Our client, Capita Fiduciary Group Limited, administered a Delaware LLP, which was a joint venture vehicle for investment by two Russian businessmen in a Ukrainian television station. The plaintiff, which provided the programme content for the television station, was owned by one of these businessmen personally. The other suspected that the plaintiff had overcharged for its services. Proceedings were issued in New York in December 2009 and discovery orders were made. In May 2010 the deputy Bailiff granted an ex-parte Norwich Pharmacal order in support of the New York orders, requiring Capita to disclose a wide range of documents. Capita disputed the width of the disclosure, and in a trial in June 2010 Advocate Nuno Santos-Costa, acting for Capita, assisted by Advocate Richard Pirie from our trusts department and English Counsel, successfully curtailed the scope of the Norwich Pharmacal order. The arguments clarified the scope and application of the Norwich Pharmacal principle in Jersey; it was argued successfully by the defendant that the Norwich Pharmacal application was in this instance, being used as a 'back door' way of obtaining pre-trial disclosure in circumstances where this should not have been obtainable.

  • Dmitriyev -v- HSBC

    Guernsey // Jersey

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    Acted for customer in a claim in the Royal Court for breach of contract and negligence against the bank arising out of a fraudulent and unauthorised transfer of approximately £2 million from the customer's account by way of a forged fax instruction to an unknown account in Lithuania.  Settled in mediation.  Instructed by Clyde & Co .


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