Farrah Sbaiti

Farrah Sbaiti

Senior Associate

Cayman

 

Prior to joining Collas Crill, Farrah qualified as a Barrister in 2009 and worked at DWF LLP, a top 20 Law firm in England, during which time she also qualified as a Solicitor-Advocate.

"'I approach my work by always having sight of the bigger picture. By looking ahead and outside of the box, it enables me to think strategically and suggest creative solutions to serve multiple purposes. I enjoy getting to know my Clients' wider business needs and objectives so as to give tailored advice that is commercially aware and live to my Clients' particular industry and business focus. I am efficient, responsive and a strong advocate.'"

Farrah was then admitted to the Cayman Island's Bar in January 2016 and worked for another Cayman Islands law firm for more than two years, before joining Collas Crill in August 2018. Farrah has extensive experience in appearing at Court on a broad range of commercial/corporate litigation and insolvency related matters, including (but not limited to):

  • Shareholder Disputes;
  • Fair Value / Appraisal Proceedings;
  • Contentious Trusts;
  • Contentious Insolvency related matters;
  • Claims against Directors/Trustees;
  • Asset Tracing/Fraud/Freezing Injunctions;
  • Breach of Fiduciary Duty/Confidentiality'
  • Insurance Avoidance;
  • Commercial Contract and Construction Disputes'
  • Enforcement proceedings; and
  • Professional Indemnity.

Admissions:

Barrister- England and Wales, 2009
Solicitor - England and Wales, 2011
Attorney - Cayman Islands, 2016

My services
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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Data Protection and Information Rights
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Data is the most valuable asset for many of our clients and data protection is a growing facet of offshore business. We have advised a number of institutional clients on their commercial obligations in terms of data security and data protection and regularly provide advice on contract terms in this difficult area. We also have significant experience in using the full range of legal remedies available to obtain access to data and information held, and so are ideally placed to advise clients on either side of the data protection equation.

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Debt Restructuring, Enforcement & Insolvency
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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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Dispute Resolution
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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.

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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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Trustee Duties
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The duties of a trustee plays in managing the trust assets and dealing with beneficiaries not only vary from jurisdiction to jurisdiction, but are dictated by trust agreement and its nuances, the type of trust and its specific purpose. Advising on trustee duties is a rapidly growing area given the increasingly complex legal and regulatory framework to which trustees must adhere. Importantly, trustees are becoming increasingly aware of the advantages of acting early and seeking advice on their duties – particularly in situations of potential conflict or stress. Trustees are also making more use of the courts in asking for directions or in having "momentous decisions" blessed.

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My news and insights
Insight 19 Aug 2020

Cayman foreign proceedings

Cayman Islands entities feature heavily in cross-border investment and debt structures and are very often involved in foreign litigation or arbitrations, either as...

Insight 28 Feb 2020

eHi Car Services Limited

The Grand Court (Court) has handed down its ruling in eHi Car Services Limited[1](Ruling), roundly rejecting an attempt by eHi Car Services Limited (Company) to re-write the...

Insight 21 Feb 2020

Pearson v Primeo

February 2020 The Board of the Privy Council (Board) recently handed down its judgment in Pearson v Primeo,[1] the latest Cayman Islands decision to emanate from the...

Insight 14 Feb 2020

Shanda: Minority discounts

The Board of the Privy Council (Board) recently handed down its decision in Shanda Games[1], a case involving the determination of 'fair value' of shares pursuant to s.238...

Insight 4 Nov 2019

Court sanctions

Introduction The Grand Court of the Cayman Islands (Court) has recently handed down two decisions permitting the distribution of funds from a liquidation estate...

Insight 1 Oct 2019

Weavering in the Cayman Islands

The Privy Council's recent judgment in Weavering[1] upheld the decisions of the Cayman Islands Grand Court and Court of Appeal that payments made to redeemed investors...

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