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.

 

The team is helpful and highly confident, (with) top-notch litigators who are good at strategy and client relations.
- Legal 500 -
Dispute Resolution services
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.

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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.

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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.

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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.

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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.

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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.

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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.

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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. At whatever stage, our early involvement will assist in identifying on-going risks. looking for opportunities and managing deteriorating relationships with creditor, financiers, investors or other interested parties. The team brings a wealth of experience from a range of backgrounds to give quick, accurate, commercial advice, primarily across the financial services sector.

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Dispute Resolution NEWS & PUBLICATIONS
Deal 14 Jul 2020

Approval of liquidators' fees

The Royal Court's latest judgment on an application to approve liquidators' fees demonstrates a strong and thorough approach to protecting creditors. Lt Bailiff Hazel...

Deal 05 Jun 2020

Implications for directors' duties

Kenneth Davies v (1) Stephen Ford (2) Richard Monks (3) Greenbox Recycling Kent Ltd [2020] EWHC 686 (Ch) A High Court decision has, among other findings, provided clarity...

Deal 18 May 2020

O Dear, O Dear

The Royal Court of Jersey has issued a significant judgment in Re The O Trust and The J Trust [2019] JRC 220A where it considered the validity of the appointment of a...

Insight 06 Aug 2020

The Z Trusts equation

The below article, written by Collas Crill's Of Counsel in Jersey Sam Williams and first published on Lexis PSL, provides an update on the latest developments in the Z...

Insight 24 Jul 2020

A fresh glance at reflective loss

This is an update of our article of 19 June 2019 to advise that the reflective loss rule no longer applies to claims by creditors, following the Supreme Court's ruling on 15...

Insight 19 Jun 2020

Trustees' disclosure obligations

All trustees will have had some experience of dealing with requests for trust information from beneficiaries. While more often than not these will be routine in nature, they...

  • Guide 25 Mar 2020 Jersey

    This guide looks at the key things you need to know about placing a company into administration under the UK...

  • Guide 06 Dec 2019 Jersey

    This guide looks at the key things you need to know about the possible grounds on which the Viscount or a...

  • Guide 03 Jan 2020 Jersey

    This guide looks at the key things you need to know about liquidating an insolvent Jersey company using...

  • Guide 08 Oct 2019 Jersey

    Jersey is a popular place to establish an asset holding company because the Companies Law is modern...

  • Guide 07 Nov 2019 Jersey

    Jersey is a popular place to establish an asset holding company because the Companies Law is modern...

  • Guide 23 Apr 2019 Guernsey

    Saisie is the customary procedure in Guernsey whereby a creditor can enforce against the real property of...

  • Guide 30 Apr 2019 Guernsey

    There are two routes to enforcement of foreign judgments in Guernsey: (i) pursuant to statute, by reliance...

  • Guide 11 Jan 2019 Guernsey

    Freezing injunctions are often used in Guernsey to preserve the assets of a defendant whilst proceedings...

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