Lynne Calder 

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.

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.

Our experienced team represent clients in a range of private, contractual and commercial real estate disputes.

Widely regarded as the preferred advisors for numerous high-net-worth individuals and families, we regularly assist in navigating disputes related to private matters, property (including boundary disputes), trusts, and family issues. 

Additionally, our arbitration specialists are increasingly being used as a cost-effective, confidential and efficient alternative to court litigation in resolving commercial and construction disputes.

Our multi-disciplinary approach to providing risk and regulatory consultancy services ensures that every aspect of our clients' business is covered. By drawing on the skills and experience of a highly experienced team of lawyers with expertise from across the firm, we are able to deal with all legal compliance issues that could affect your business, whether contentious or non-contentious. The assistance we are able to provide ranges from strategic matters to specific operational issues.

Collas Crill's market-leading fraud, financial and white collar crime practice sits within our regulatory practice. Uniquely offering a mix of both civil and criminal fraud litigation experience, from internal investigations, to injunctions, to defence and enforcement, the team can lead clients through the most challenging of circumstances.

We provide contentious and non-contentious advice and support, primarily for local financial services businesses, in complying with sanctions and anti-money laundering regulations. Our work ranges from initial strategic advice, liaison with stakeholders including regulators, clients and investigations and prosecution authorities – to litigation, where required.

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.

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.

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.

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.

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.

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.

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 

Knowing what to do and when to act when things go wrong is a key part of our service to our clients on both lender and borrower side. Our clients include banks, funds, directors, shareholders and insolvency practitioners. We undertake security reviews and advise on pre-emptive measures. We appreciate the need to act promptly and decisively, and at the same time are sensitive to potential negative publicity for our clients.