Justina Stewart 

Our dispute resolution specialists collaborate seamlessly with our corporate, banking and finance teams across jurisdictions to advise on litigation, restructuring and risk and regulatory matters. We provide a global perspective, working closely with our clients to ensure that they are best placed to respond to customer issues, fraud risks, rapidly changing market conditions and regulatory demands.

We can advise lenders, borrowers and guarantors with regard to:

• the different forms of security that can be taken over assets (including fixed charges or mortgages, liens, pledges)
• assets which can be provided as security
• registration and protection of charges and security
• release of security, waiver, amendment and restatement of facilities
• restructure of debt and securities
• enforcement against assets in the event of a breach (including investigations and pre-emptive steps to take to protect assets, taking possession, foreclosure, set off, appropriation, powers of sale and receivership, and insolvency processes)
• freezing orders and injunctions over secured assets 

We advise banks and account holders in relation to funds which have either been frozen officially by way of government sanctions, freezing orders and injunctions issued by a court, or are otherwise unavailable following suspicion that they may comprise proceeds of crime (unofficial freezing).

We can issue civil proceedings to recover monies from custodians, defend or obtain freezing injunctions in relation to monies in bank accounts and also issue judicial review proceedings against the relevant regulator seeking to claim that funds are the proceeds of crime. We have considerable experience in dealing with sanctioned parties or funds.

Directors are legally obliged to act in good faith, exercise independent judgment, and promote the best interests of the company.

Our offshore regulatory lawyers regularly provide expert legal guidance to directors as to their duties in offshore jurisdictions and corporate governance frameworks, as failure to comply with these expected duties potentially results in significant personal liability for directors.

Our experienced team advises on fiduciary responsibilities, risk mitigation, and regulatory compliance to ensure directors meet their obligations with confidence. Whether you're forming an offshore entity or navigating complex corporate challenges, we can offer trusted, practical solutions tailored to your needs.

Regulation and legal risk management are placing increasing burdens on companies and businesses in terms of time, costs and resources, and the consequences of getting this wrong can be severe. We can assist with all regulatory and compliance issues in Jersey, Guernsey, BVI and Cayman including: 

• Anti money laundering and proceeds of crime legislation
• FATCA and CRS reporting
• Licensing
• Economic substance
• Beneficial ownership
• Sanctions
• Tax information exchange requests
• AIFMD

Additionally we can help with regulator investigations and visits, enforcement and remediation including representation before regulators, tribunals committees and courts. We have an excellent record in defending corporates and their directors and officers in regulatory proceedings.

We advise in relation to a broad range of legal issues involving crypto and digital assets.

In regulatory disputes there are often fine lines between the usual wrangling with the regulator and something more serious – by matching our mix of experienced contentious and non-contentious lawyers to the particular problem at hand, we achieve better and more efficient outcomes.

The regulatory environment, both in local jurisdictions and internationally, is increasingly complex and regulatory agencies are becoming more zealous in their approach to enforcement and investigations. We guide clients through the impact of enforcement of investigatory actions by regulatory bodies, offering dedicated strategic advice on a broad range of issues including enforcement notices, governance matters, complaints, insider trading and dealing and market manipulation.

We can also assist clients to conduct internal investigations prior to any regulatory investigations.

Our dispute resolution specialists collaborate seamlessly with our corporate advisory and banking teams across jurisdictions to advise multinational corporations, trust companies, banks, funds, insurers, governments and directors.

We provide a global perspective, working closely with our clients to ensure that they are best placed to respond to customer issues, fraud risks, rapidly changing market conditions and regulatory demands.

We advise on all aspects of breaches of directors’ duties, including allegations of mismanagement, conflicts of interest and breach of fiduciary obligations.

Our offshore disputes lawyers work closely with corporate, regulatory and litigation teams to guide shareholders, directors, companies and financial institutions through complex governance disputes. With experience across multiple jurisdictions, we offer strategic, pragmatic advice tailored to high-stakes and reputationally sensitive matters.

Whether acting in regulatory investigations or shareholder actions, our regulatory disputes lawyers help clients respond confidently to legal and commercial risks in an increasingly regulated and scrutinised environment.

Where shareholders believe that directors are not complying with their duties, they may seek to pursue claims on behalf of a company by way of a derivative action.

Our corporate disputes lawyers act for shareholders, directors and companies in complex disputes involving breach of duty, fraud and corporate misconduct. Leveraging our cross-disciplinary expertise, we navigate the procedural and strategic challenges these claims present.

Our teams operate across jurisdictions, coordinating seamlessly to manage risk and protect our clients’ interests – whether bringing or defending derivative claims. Our offshore disputes lawyers provide clear, commercial guidance throughout, with a focus on preserving value and resolving disputes efficiently in highly sensitive corporate contexts.

Disputes between directors can threaten the stability and governance of a company. We advise boards, individual directors, shareholders and stakeholders in contentious matters involving boardroom deadlock, removal or appointment of directors and conflicts of interest.

Drawing on our corporate, regulatory and dispute resolution expertise, we provide strategic advice in navigating internal power struggles and fiduciary issues. Our cross-border teams work cohesively to resolve disputes efficiently, protect business continuity and mitigate reputational risk.

Whether acting in private companies, joint ventures or complex corporate structures, we help clients manage director-level disputes with clarity and confidence.

For directors facing the risk of disqualification in the context of insolvency, we provide clear, strategic advice to manage exposure and regulatory scrutiny. Whether disqualification proceedings are anticipated or already underway, our involvement supports clients in understanding their position, engaging with authorities and pursuing the most favourable resolution.

We are used to working as part of a multi-jurisdictional team, capable of reacting and responding quickly to urgent requests for assistance with locating and freezing assets.

As sophisticated defendants become more adept at dissipating assets, we've been involved in cases that created new law in the Channel Islands in relation to a party's ability to trace assets and recover their losses. With their ability to deal with complex issues, the team deliver clear, commercial advice on the availability and likely success of recovery methods.

Partnership disputes often involve deeply personal and commercially sensitive issues. We act for partners, partnerships and incoming or outgoing stakeholders in disputes over profit share, management rights, breaches of duty and dissolution. Combining our litigation, corporate and regulatory expertise, our offshore disputes lawyers guide clients through complex negotiations and contentious proceedings, including in professional services, investment and family-owned business contexts.

With experience across multiple jurisdictions and partnership structures, we deliver clear, strategic advice focused on protecting relationships, resolving deadlock and preserving business value. Whether advising in the early stages of disagreement or in formal dispute resolution, we provide practical, outcome-driven support.

We advise on all forms of shareholder disputes, from minority oppression and unfair prejudice claims to breaches of shareholder agreements and deadlock situations. Whether acting for individual shareholders, investors, directors or companies, we bring together dispute resolution and corporate advisory expertise to manage risk and protect value.

Our cross-border teams of offshore disputes lawyers are experienced in handling contentious matters involving joint ventures, family businesses, private equity and listed entities. Whether the dispute calls for negotiation, litigation or arbitration, we focus on delivering clear, commercial solutions that preserve reputations and support long-term business objectives.

Unfair prejudice petitions are a key tool for minority shareholders seeking relief from conduct that damages their interests.

We act for individual shareholders, directors and companies in high-stakes disputes involving exclusion from management, diversion of business and breaches of shareholder rights. Our team combines deep litigation experience with corporate insight to advise across a range of sectors and shareholder structures, including family businesses, joint ventures and private companies.

With a focus on strategic outcomes – whether through negotiated exits, buyouts or court proceedings – we help clients navigate these sensitive disputes with clarity, precision and commercial focus.

With offices in the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and London, we can advise you on every aspect of international arbitration. Our dedicated arbitration specialists will work alongside you to quickly determine the best approach for a successful conclusion.

Our offshore dispute resolution lawyers work closely with our regulatory and insurance teams to advise law firms, accountants, surveyors, and other professionals and their professional indemnity insurers across our various jurisdictions. We take a coordinated and considered approach to professional negligence claims, helping clients navigate reputational risks, complex liability issues and evolving regulatory expectations.

We represent beneficiaries, high-net-worth individuals, trustees, protectors and other power holders in a range of contentious and semi-contentious situations. Our lawyers have been at the forefront of the most complex, high-value private wealth litigation offshore. 

We often deal with novel points of law, creating new and innovative solutions to meet the needs of our clients.

Given the international nature of private wealth, with clients and their assets spread across the world, we work as a joined-up global team so that our clients can benefit from the knowledge and experience wherever they may need it.

White collar and financial crime are receiving heightened attention, particularly due to the expanding global presence of businesses, resulting in prosecutions that frequently involve authorities in multiple jurisdictions.

Working across borders we can advise and represent you on complex and sensitive issues, including those relating to fraud, bribery and corruption, sanctions, money laundering and extradition. We can also assist with unlocking assets frozen under the relevant proceeds of crime laws.

We can assess the viability of administrative or company restoration based on the specific circumstances and offer insights into other potential courses of action, including the possibility of initiating a new company.

When customers or clients do not pay on time, we provide timely and effective advice on recovering debts and enforcing judgments. We help businesses, service providers, lenders and borrowers – including banks, funds, directors, and insolvency practitioners – recover commercial debt swiftly and strategically.

Our services cover court proceedings, arrets, saisies, statutory demands, insolvency proceedings, désastre, realisation, dégrèvement, and enforcement of security interests. We conduct thorough security reviews and advise on pre-emptive measures, ensuring prompt, decisive action with discretion to minimise reputational risk.

Our investment funds practice is enhanced by our litigation and restructuring team that has played a pivotal role in numerous prominent fund-related cases. The team has demonstrated expertise in handling issues stemming from fund restructuring, as well as contentious processes associated with winding down and winding up funds.

For financially distressed companies in need of restructuring and reorganisation, or for those where the opportunity to do so has passed or failed, we work to achieve the most beneficial outcome in these difficult situations. 

At whatever stage we are engaged, our involvement will assist in identifying the ongoing risks facing a client and to enable that client to continue to identify and effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.

We advise officeholders of overseas companies with assets or operations in our offshore jurisdictions on seeking recognition locally. For offshore companies with foreign operations or assets, we advise officeholders in our offshore jurisdictions on applications to issue letters of request for assistance from foreign courts and for recognition in foreign jurisdictions.

Acting in complex cross-border matters, we help navigate foreign legal systems to protect and recover value. Our experience ensures continued stakeholder confidence and compliance with local obligations, while aligning with the broader restructuring or insolvency strategy.

When acting alongside insolvency officeholders, we pursue claims that maximise recoveries for creditors. Our work supports efforts to investigate, assess and, where appropriate, litigate claims against directors, third parties or others connected with the company.

Whether addressing preferences, transactions at an undervalue or transactions defrauding creditors, misfeasance, wrongful trading or fraudulent trading, unlawful distributions or other breaches of duty, our involvement aims to protect the interests of stakeholders and secure the best possible return in complex, high-stakes scenarios.

As part of our debt recovery and insolvency services, we assist clients in issuing or responding to statutory demands. Whether enforcing payment or defending against genuinely disputed claims, our involvement helps clarify the legal and financial risks, enabling clients to make informed decisions.

We support effective creditor engagement and help manage escalating disputes, preserving options for resolution or further action.

When debt recovery and demands are ineffective, we assist in preparing and lodging creditors' winding-up applications to achieve an orderly conclusion. We have strong relationships with insolvency practitioners in our offshore jurisdictions and beyond.

We also assist shareholders and directors of companies facing cashflow difficulties. Through early engagement with our network of insolvency professionals, we help to find solutions to minimise risks and maximise returns.

Our approach ensures that the process is conducted efficiently and with minimal disruption, helping clients navigate the legal and commercial risks involved. By intervening early, we support clients in managing stakeholder relationships and fulfilling their obligations with clarity and confidence.

Restructuring takes many forms, and we have broad experience in reshaping businesses to the changing needs and demands of the market. The team possesses a hands-on and comprehensive grasp of the intricate challenges that may emerge in restructuring scenarios, whether involving mergers, acquisitions, reorganisations or recapitalisation activities.

We provide expert legal support on both local and cross border amalgamations of regulated and unregulated companies and work closely with our dispute resolution team on local schemes of arrangement.

We live in an increasingly contentious world. When your business is involved in any kind of legal dispute it's crucial to work with lawyers who are hands-on, cost-effective and flexible enough to respond quickly and intuitively to your unique situation and needs.

The importance of managing risk across all types of banking and financial transactions has never been more apparent. International and multi-jurisdictional activity, particularly in emerging markets and with alternative credit providers, is driving creativity in structuring and transactions which requires a team of lawyers who know how to get the optimal results from each deal.  

At Collas Crill, our credentials are clear: with our well-established banking and finance team and some of the best known transactions both internationally and locally, there isn’t much we have not encountered.

Our multi-jurisdictional team brings a wealth of experience from a range of diverse backgrounds to give quick, accurate, commercial advice. We work across dispute resolution, restructuring, recovery and insolvency matters to ensure that clients get the full benefit of our know-how and experience across the world.