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Emma  Taylor

Emma Taylor  

Associate | Guernsey

 

Overview

Emma is an Associate in our Guernsey Dispute Resolution team.

Emma advises on all aspects of commercial dispute resolution with a particular focus on contentious and semi-contentious trust matters. She regularly advises corporate trustees and beneficiaries alike on the full spectrum of trust disputes from breach of trust claims to information requests.

Emma also assists the Dispute Resolution team in their other core areas including Corporate Disputes and Risk and Regulatory.

Emma is also growing a practice in the BVI, assisting our BVI Dispute Resolution team with a number of high value cases currently being litigated in the BVI Commercial Court.

Experience

  • Mr C v The Trustee of the VT Trust (Approved Judgment 2 October 2020) - Successfully acting for a settlor in applying to set aside a Guernsey discretionary trust on the grounds of mistake and thereby avoiding £1.2m in the UK Inheritance taxes. The settlor had received incorrect advice as to the IHT consequences at the time of settlement.
  • Successfully opposing a blessing application on behalf of the settlor and principal beneficiary where the trustee was going to pay away 80% of the trust fund in settlement of litigation against the trust to the exclusion of the principal beneficiary.
  • Representing a regulated individual director and company in relation to an extended regulatory investigation conducted by the Guernsey Financial Services Commission.
  • Acting for a shareholder of a multinational infrastructure building company in successfully obtaining permission to bring a derivative action against another shareholder in England & Wales for the recovery of a £23m debt. This is understood to be the only time that the Royal Court of Guernsey has granted permission for a derivative action.
"I am a commercially minded dispute resolution lawyer. My aim is to find a solution to a client's issue in as quick and cost-effective way as possible whilst not compromising on what it is the client wants to achieve. "

Background

Emma first joined Collas Crill as a bursary student while studying at University and went on to train with Collas Crill, qualifying as a Solicitor of England & Wales in September 2017.

During her training contract Emma undertook a one month secondment in our Cayman Dispute Resolution Team working on the liquidation of Platinum Partners and a three month secondment to Berwin Leighton Paisner in London in their Corporate Dispute Resolution Team.

Emma read law at the University of Bristol and went on to complete her Legal Practice Course at City Law School, City University London.

In 2020, Emma completed the STEP Advanced Certificate in Trusts Dispute achieving a Distinction.

Emma is also admitted as solicitor of the Eastern Caribbean Supreme Court in the territory of the Virgin Islands.

Awards

Shortlisted for the STEP Private Client Awards, Young Practitioner of the Year 2020/21

Memberships

Affiliate member of STEP

Contentious Trust Association (ConTrA)

My services
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.

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.

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.

News 26 Aug 2020

STEP Private Client Awards finalist

Collas Crill has been named finalist in two categories at the 15th Annual STEP Private Client Awards. The offshore law firm has been shortlisted for Private Client Legal...

Insight 19 Jun 2020

Trustees' disclosure obligations

All trustees will have had some experience of dealing with requests for trust information from beneficiaries. While more often than not these will be routine in nature, they...

Insight 29 May 2019

Case Update

A recent Royal Court decision has considered when beneficiaries of a discretionary trust are able to require the trustee to terminate the trust and distribute the trust...

News 30 Apr 2019

Enforcing Foreign Judgments

Two members of our Guernsey dispute resolution team have recently contributed to The International Law Practicum, a publication of the International Section of the New York...

Insight 8 Feb 2019

Substance Requirements

On 1 January 2019, the Income Tax (Substance Requirements) (Implementation) Regulations, 2018 and the Income Tax (Substance Requirements) (Implementation) (Amendment)...

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Guide 30 Apr 2019

Enforcing Foreign Judgments and Arbitral Awards in Guernsey

Foreign Judgments There are two routes to enforcement of foreign judgments in Guernsey: (i) pursuant to statute, by reliance on the Judgments (Reciprocal Enforcement)...

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