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.
As regulatory experts in the British Virgin Islands, the Cayman Islands, Guernsey and Jersey we frequently act on contentious matters and can leverage our experience to help clients achieve the highest regulatory standards and avoid common pitfalls.
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 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.
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.
The Guernsey anti-money laundering regime through the lens of human rights caselaw
Background The starting point, in Guernsey, is that every person is entitled to the peaceful enjoyment of their property[1]. This right is not absolute but any infringement by the State must be proportionate and for a lawful reason. The Disclosure Law[2]...
Collas Crill explains … Enforcing foreign arbitral awards in Jersey
This guide looks at how you can enforce foreign arbitral awards in Jersey. Words in bold are defined at the end of this guide. We refer to the person or entity seeking to enforce the arbitral award as the creditor and the person being enforced agai...
The Judicial Committee of the Privy Council (JCPC) has delivered a landmark judgment in Changyou.com Ltd v FourWorld Global Opportunities Fund Ltd & Others,[1] conclusively determining that minority shareholders are entitled to dissent from a 'short-...
Tianrui v China Shanshui: Privy Council cements the position regarding direct shareholder claims
In the recent decision of Tianrui (International) Holding Company Ltd v China Shanshui Cement Group Ltd [2024] UKPC 36, the Judicial Committee of the Privy Council (Privy Council) confirmed that a shareholder of a Cayman Islands company has a personal cl...
Ritchie, Lancelot and the limitation game
The moratorium on legal proceedings, commenced or continued, against a company in liquidation, is a tenet of an equitable and orderly winding up process, intended to distribute a company's assets equally and rateably between its stakeholders. The morator...
Sanctions reporting: Episode I - The phantom menace
The Sanctions (Bailiwick of Guernsey) Law, 2018 (the Sanctions Law) and the Terrorist Asset-Freezing (Bailiwick of Guernsey) Law 2011 (the Laws) have been around for some time, so most of us are aware of our obligation to make a report to the Policy and ...
Showing 6 of 333 Results
Load moreShowing 2 of 2 Results