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Dispute Resolution

We live in an increasingly contentious world, with cases still emerging as a result of the financial crisis and businesses in all sectors under the regulatory spotlight.

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.

We know that there are many different ways a dispute can be resolved and work closely with our clients to understand every aspect of their business, priorities and goals. This allows us to find the best way forward for our clients and to advise on the commercial implications of a dispute, ensuring the process remains as stress-free as possible. Our approach is practical, responsive and tailored to the client's interests. 

Our expertise and reputation means we're first choice for a range of clients, including banks, trust companies, high net worth individuals and international law firms.

Teamwork is key and our Dispute Resolution specialists work closely with our other practices to advise on restructuring, recovery and insolvency matters. We often co-ordinate advice from our multi-jurisdictional teams, meaning that our clients benefit from the knowledge and depth of experience of our people around the globe.

 

  • Collas Crill is relatively new to the Cayman market but its litigation team is rapidly establishing itself as one of the leading teams in the market. They have a core of very diligent and hard-working staff.
    Legal 500 2022
  • Quick and sharp response. Create good competition for traditional offshore firm. Price is very competitive.
    Legal 500
  • Unlike the traditional offshore firms, this firm has the personal touch and are very responsive. They are able to offer value for work.
    Legal 500 2022
  • The sheer expertise of this team is fantastic. They have breadth and depth if knowledge which, when combined with superb client relationship skills, means they are top of their game.
    Legal 500 (UK) 2023
  • I have worked on a variety of contentious matters with this team over the years. Commercial and pragmatic, achieving great results for the client without the need to “go for the jugular”.
    Legal 500 (UK) 2023
  • One of the big players in Jersey, Collas Crill has highly experienced lawyers with real talent. The team has the ability to deal with the most high profile litigation and is in all the big Channel Island cases.
    Legal 500 2022
  • They are great - very responsive and quick to distil substantial volumes of information and present it in a commercial and user-friendly way.
    Chambers and Partners
  • The team is incredibly responsive and able to handle even the most challenging clients and cases.
    Legal 500 2022
  • An excellent offering from a number of key jurisdictions, Collas Crill regularly appear in the largest cases and provide an exceptional service which mixes client care, expertise, experience and commerciality.
    Legal 500 (UK) 2023
  • The team consists of experienced lawyers who thoroughly understand dispute resolution. The advice they give and case management is first rate. They are also a pleasure to work with.
    Legal 500 (UK) 2023
  • The team consists of very experienced and knowledgeable lawyers, who are detail oriented and produce excellent advice. They effortlessly absorb the intricacies of a matter.
    Legal 500 2022
  • They are seriously hard-working, intelligent and highly commercial. Very user friendly and easy to work with.
    Legal 500 2022
  • The team, from junior associates to partner, are commercially-focused and all over the detail. They are able to produce concise, easily-digestible memoranda quickly and efficiently, and which are always greatly appreciated by the client.
    Legal 500 (UK) 2023
  • Impressive growth in practice. Senior-led and hands-on approach.
    Legal 500 2022
  • Collas Crill dispute resolution team is very professional, efficient, working to international high standards.
    Legal 500 2022
  • They have been amazing. They are very client-friendly. They know their stuff and they are robust.
    Chambers and Partners
  • professional, modern, experienced, skilled and knowledgeable
    Chambers and Partners
  • Great interaction with clients, fee transparency and service.
    Legal 500 (UK) 2023
  • More proactive and involved in substance of the case than one sometimes sees with offshore firms. Well integrated as part of an international team and not just a “postbox”. The team knows its market well.
    Legal 500 (UK) 2023
Dispute Resolution services
Appraisal Litigation
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Led by Partner Rocco Cecere, Collas Crill's highly experienced section 238 practice is a sought-after, market-leading presence in merger appraisal cases in the Cayman Islands.

Contentious Banking & Finance
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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.

Contentious Risk & Regulatory
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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, better and more efficient outcomes are obtained. As Risk and Regulatory experts, our Dispute Resolution team frequently act on contentious matters, able to leverage their experience to help clients achieve the highest regulatory standards and avoid common pitfalls. To find out more click here

Contentious Trusts
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We represent trust corporations, HNWIs, individual trustees and beneficiaries, often dealing with novel points of law and creating new and innovative solutions to fit the needs of our clients. Given the international scope of settlors, investments and assets, we often co-ordinate advice from our multi-jurisdictional teams, meaning that our clients benefit from the knowledge and depth of experience of our people around the globe.

Contentious Wills, Estates & Probate
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We provide fast, cost-effective and sensitive advice on all manner of will related disputes during what is often an extremely upsetting and distressing time for those concerned. We regularly act on multi-party actions for both plaintiffs and defendants.

Debt Restructuring & Enforcement
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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.

Director & Shareholder Disputes
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Thanks to the depth of our experience and the resources of our team, we've acted on some of the largest pieces of litigation brought against directors offshore. We're well placed to deal with the 'bet the farm' proceedings that can occur in these type of disputes and have represented parties involved in intra-company disputes, including executive, non-executive and independent directors, majority and minority shareholders, companies and liquidators. We understand that shareholder disputes are often not simply 'black and white' and our team finds innovative and commercial alternatives to those which the Court may offer – taking a collaborative approach with our clients to ensure that the right result is achieved.

Fraud, Asset Tracing & Freezing Injunctions
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At Collas Crill, we're 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.

Insolvency & Restructuring
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For financially distressed companies in need of restructuring and reorganisation, or for those where the opportunity to do so has passed or failed, Collas Crill’s insolvency and restructuring team work to achieve the most beneficial outcome in these difficult situations. 

Our team brings a wealth of experience from a range of diverse backgrounds to give quick, accurate, commercial advice, primarily across the financial services sector. 

Currently working on some of the largest and most complex cross-border insolvencies in the jurisdiction, we frequently advise top law firms from the People’s Republic of China, the United States, the United Kingdom and other jurisdictions. We are regularly briefed by Sovereign Wealth Funds and Fortune 500 Companies to advise on particular restructurings, as well as investment managers from Europe; the United States and Russia. 

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

Life & Careers 14 Nov 2022

Christian Hay made Fellow of CIArb

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Statutory demand in the BVI

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Collas Crill: Chambers 2023 UK

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News 13 Oct 2022

Collas Crill acts in landmark case

Collas Crill recently acted for the successful lead appellant before the Privy Council in Halabi (Appellant) v Equity Trust (Jersey) Ltd (Respondent) in re the ZII Trusts...

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BTI v Sequana

On 5 October 2022, the Supreme Court handed down their landmark judgment in the long-running case of BTI v Sequana[1].  It is "a momentous decision for company law" (in the...

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Guide 18 Oct 2022

Collas Crill explains… Prescription

This is part of a series of guides in which we examine areas of Guernsey law that frequently arise in practice. Click here to subscribe to receive Collas Crill news and...

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Jersey is a popular place to establish an asset holding company because the Companies Law is modern, flexible and modelled on English companies legislation.  The Companies...

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This article by David Harby and Nia Statham provides a useful summary of the rules and procedures that are to be followed and is likely to be of interest to liquidators...

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In this article Partner David Harby and Senior Associate Dave Marshall provide an overview of statutory demands and applications to set them aside.  1. The importance of...

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When a person has passed away leaving assets situated in the British Virgin Islands (BVI), such assets will generally be inaccessible until a Grant of Probate or Grant of...

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Event 9 Dec 2022

STEP special interest spotlight

Partners Ben Havard and Kellyann Ozouf are both speaking at STEP's Contentious Trusts and Estates special interest spotlight session on 9 December. Entitled 'trusts and...

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STEP - insolvency of trusts

On 13 October 2022 the Privy Council handed down their long awaited judgment in the two cases of Equity Trust (Jersey) v Halabi and ITG Ltd and others v Fort Trustees Ltd...

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TL4 FIRE Americas - Cayman

We are delighted to further our support of ThoughtLeaders4 as a sponsor of the inaugural FIRE Americas event in Cayman 12-14 March 2023. With a special focus on North and...

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Trust and Estates Litigation Forum

Managing Partner and Head of Dispute Resolution in Guernsey Christian Hay is speaking at the Private Client Global Elite Trusts and Estates Litigation Forum. The event...

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