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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.

 

  • Quick and sharp response. Create good competition for traditional offshore firm. Price is very competitive.
    Legal 500
  • 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
  • The team is helpful and highly confident, (with) top-notch litigators who are good at strategy and client relations.
    Legal 500
  • 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
  • Over the last few years the team has expanded and there is a lot of depth in the department. They are a motivated and dynamic group of people who thrive on complex matters. The team are highly responsive.
    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.

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.

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.

Insight 21 Oct 2021

On the sofa podcast

In our latest 'On the Sofa' podcast, head of our BVI dispute resolution team, David Harby is joined by Kristina Kicks of Interpath and Mark Pearce of Gately Plc to discuss...

News 8 Oct 2021

The BVI common law after Broad Idea

The Judicial Committee of the Privy Council has recently handed down its heavily anticipated Judgment in the conjoined BVI appeals of Broad Idea International Ltd v Convoy...

News 6 Oct 2021

Top marks again for Lynne Calder

Senior Associate Lynne Calder has been recognised for achieving the highest mark in the Jersey Testate and Intestate Succession examination, taken in 2020 as part of her...

Insight 5 Oct 2021

Witness immunity

In Al Jaber v Mitchell [2021] EWCA Civ 1190 the English Court of Appeal has recently grappled with the issue of whether the statements made by a former director during a...

Insight 1 Oct 2021

Unfair dismissal in Jersey law

Employees in Jersey have the benefit of statutory protection from being unfairly dismissed after 52 weeks' continuous service, much sooner than their UK counterparts...

News 11 Aug 2021

Associate admitted as attorney-at-l

Collas Crill associate Dawn Major has been admitted to practise as an attorney-at-law in the Cayman Islands by the Honourable Justice Cheryll Richards, QC. Collas Crill's...

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Event 1 Nov 2021

BVI Arbitration Week 1-5 November

Collas Crill is pleased to be a sponsor of the 2021 BVI Arbitration Week, 1-5 November. The five day event will be a mix of virtual and in person presentations and...

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