Fay O'Halloran

Fay O'Halloran 

Associate | BVI

Insolvency and Corporate Disputes

Overview

Fay is an Associate within the firm's Insolvency and Corporate Disputes team, based in the British Virgin Islands. She is admitted to practise as a solicitor in the British Virgin Islands and England & Wales.

Prior to joining Collas Crill in 2021, Fay benefited from training with a leading regional firm in England, where she gained a high level of experience and client exposure. Fay has experience of advising on a broad range of matters, including restructuring and insolvency, contentious trusts and probate, fraud and asset tracing, and shareholder disputes.

"I thoroughly enjoy problem solving and achieving the best possible outcome, regardless of the size or nature of the matter. I aim to always understand the genuine requirements and concerns of clients, to tailor my approach and understanding of their problems. I always work towards creating a strong relationship with clients, by providing personable, concise and bespoke advice."

Experience

After finishing university, Fay worked as a paralegal, before undertaking a training contract with a leading regional firm in England.

Upon qualification Fay was responsible for her own caseload, in addition to providing ongoing assistance and support to the Partners in the department, where she gained a wide experience of alternative dispute resolution.

Background

Fay studied an undergraduate degree at the University of Sheffield, where she achieved a first class Law LLB degree. Fay spent the third year of her undergraduate degree studying at Lund University in Sweden.

Fay then studied the Legal Practice Course at Nottingham Law School, where she achieved a distinction and was awarded the Dean's Master's Scholarship for Academic Excellence. Fay is a recommended lawyer in the Legal 500 2024 Caribbean guide.

Outside of work, Fay enjoys travelling and new experiences. Fay has an active lifestyle and enjoys hiking, yoga, cycling and the gym.

Memberships

  • Law Society
  • Member of ConTrA (the Contentious Trusts Association)
  • Events Committee Member of RISA (the Recovery and Insolvency Specialist Association)
  • Board Member of WON (the Women's Offshore Network)
  • Member of the BVI Bar Association

My services
Contentious risk and 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, we achieve better and more efficient outcomes. As regulatory experts, we frequently act on contentious matters and can leverage our experience to help clients achieve the highest regulatory standards and avoid common pitfalls.

Corporate disputes
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Our dispute resolution specialists collaborate seamlessly with our corporate advisory and banking teams across jurisdictions to advise multinational corporations, trust companies, banks, funds, insurers, governments and directors. 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.

Fraud, asset tracing, freezing, recovery and enforcement
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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 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
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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, we 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 US, the UK 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 and the US.

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 effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.

Wills and estate disputes
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We provide fast, cost-effective and sensitive advice on all types 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.

18 Mar 2024

Applying for Norwich Pharmacal relief in the BVI

In light of the privacy afforded to companies incorporated in the British Virgin Islands (the BVI), it is no surprise that the BVI Court regularly considers applications seeking disclosure from innocent third parties – often corporate service providers -...

13 Mar 2024

Persons Unknown

This article by Associate Fay O'Halloran first appeared in issue 16 of TL4 FIRE Starters magazine - FIRE starters 2024 We have recently seen positive examples of the BVI and English Courts showing flexibility and innovation to help protect victims of dig...

14 Nov 2023

Legal 500 Caribbean 2024 guide

Collas Crill's teams in the British Virgin Islands and Cayman Islands have received a solid set of results in the latest Legal 500 directory. In the BVI the dispute resolution team has moved up to tier 3, with the Cayman corporate team being listed by Le...

30 May 2023

Company restorations in the BVI

The rules surrounding BVI company restorations were changed significantly by the introduction of the BVI Business Companies (Amendment) Act 2022, which came into force on 1 January 2023 (the Amendment Act). The Amendment Act changed the landscape of res...

25 May 2023

Reservation of powers in BVI trusts

What is a 'trust', how are they established and, more importantly, how are they controlled? This article explores how the BVI Trustee Act 1961 and the Trustee (Amendment) Act 2021 strengthen the British Virgin Islands' (the BVI) trust law by reserving po...

14 Nov 2022

Collas Crill: Legal 500 Caribbean

Collas Crill's teams in the British Virgin Islands and Cayman Islands have received another strong set of results in the Legal 500 directory. This year the firm has moved up a tier in one practice area and maintained its position across all others. Clai...

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