Kirsten is an associate in the dispute resolution department. She advises clients on contentious matters in various areas of law, including contractual disputes, torts and general commercial disputes.
Kirsten also advises on dispute prevention and risk mitigation measures, such as effective contract drafting and negotiation, and alternative dispute resolution mechanisms. She has a particular focus on securing the best solution in the circumstances, whether through litigation or otherwise.
Prior to joining Collas Crill Jersey in October 2019, Kirsten worked at the Johannesburg office of a Pan-African law firm. There, she advised on disputes including class actions, contentious insolvencies, and tax, contract and product liability disputes. She has experience in the Courts of South Africa, Botswana and Tanzania, and her clients included local and international financial institutions, high net worth individuals, major players in the food and beverage sectors and various Johannesburg Stock Exchange-listed entities.
Kirsten has a keen interest in the development of the law in relation to financial technology, especially blockchain and other distributed ledger technology. She advises clients on how fintech can be integrated into dispute resolution mechanisms, and on the resolution of disputes within the sphere.
Kirsten obtained her LLB degree with distinction from the University of Pretoria, South Africa. She is an attorney of the Superior Courts of South Africa.
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.
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.
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.
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 top law firms.
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.
Case analysis by Group Partner Sam Williams, Of Counsel Fritha Ford and Associate Kirsten Bailey, published on LexisPSL on 8 July 2021 Private Client analysis: The trustee...
The Royal Court of Jersey has issued a landmark judgment in Kea Investments Limited v Watson  JRC 009, determining that it is not possible to obtain execution measures...
Three litigators from Collas Crill’s Guernsey and Jersey Dispute Resolution teams have been recognised in the inaugural Citywealth Top 100 Trust Litigators List. In...
The COVID-19 (Construction Work) (Jersey) Order 2020 (Construction Order) was enacted on 22 April 2020 and applies from 23 April 2020 onwards. The Construction Order will...
Collas Crill Jersey has made two new appointments to its Dispute Resolution (DR) team. Senior Associate, Daian Sumner is a qualified barrister who has spent the last three...
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