Carey Olsen is the first port of call for clients involved in insolvency proceedings, including in cases where asset tracing is required and allegations of fraud are at play. The practice, under the guidance of the ‘hugely respected’ Elaine Gray, also represents clients in competition and regulatory proceedings, as well as commercial disputes, for which Tim Corfield is a key contact. Mark Dunster handles disputes arising out of financial services regulatory regimes, with John Greenfield acting in trust disputes and asset tracing procedures. David Jones takes the lead on restructuring and insolvency disputes. Julia Schaefer departed the firm in April 2024.
Dispute resolution in Guernsey
Carey Olsen
Praxisleiter:
Elaine Gray
Weitere Kernanwälte:
Tim Corfield; Mark Dunster; David Jones; John Greenfield; Eliot Aron
Referenzen
‘The disputes team is first class. Excellent depth and breadth of quality.’
‘Tim Corfield is the standout litigator. He flies the flag for Careys and is in all the biggest disputes. A robust and highly effective advocate. Always ahead of the other side and does it with plenty of charm.’
‘Very approachable team with good understanding of clients’ commercial objectives. They work very well with international partners in multi-jurisdictional disputes. They know when to draw on the expertise of outside counsel, but rely on it judiciously, taking into account their own knowledge of local practice and procedure.’
Kernmandanten
GBG Limited
Alvarez & Marsal
SURE (Guernsey) Limited
Grant Thornton
NYSCO Management Corporation
Krys Global
Interenergy Group Limited
Highland CLO Fund
Leonard Curtis
Medical Specialist Group
Utmost Worldwide Limited
Highlight-Mandate
- Advised GBG Limited, which is in administration, on restructuring and insolvency matters.
- Advised the joint liquidators of Joannou & Paraskevaides (Overseas) Limited in respect of the company’s liquidation.
- Acted on behalf of Sure in relation to an investigation and enforcement action by the GCRA in relation to alleged collusion and market sharing.
Mourant
Mourant handles a broad caseload of commercial and trust disputes, including contentious restructuring proceedings and allegations of breach of trust. Practice head Abel Lyall acts for clients in both commercial and trust disputes, with experience assisting corporate clients in relation to contentious schemes of arrangement, in addition to overseeing trust matters. Jeremy Wessels pleads trust cases up to the Privy Council, with Gordon Dawes merging expertise in trust and regulatory matters. Sandra Duerden represents trustees and beneficiaries in multi-jurisdictional disputes and is also able to advise trade mark and copyright issues. Chantal Barrett is the group’s insurance disputes specialist, acting on D&O coverage matters in addition to maintaining a contentious trusts practice.
Praxisleiter:
Abel Lyall
Weitere Kernanwälte:
Jeremy Wessels; Gordon Dawes; Christopher Edwards; Sandra Duerden; Chantal Barrett; Benjamin Manchak
Referenzen
‘Abel Lyall and his team are flexible, knowledgeable and comfortable in their abilities. This allows them to provide salient advice on potential avenues at each juncture. The differentiator here is the people.’
‘Abel Lyall has shown himself to be client-focused and personable whilst maintaining the legal output necessary to pursue a good solution. He relays key information in a concise manner and applies judgement where helpful for me as a client.’
‘Very responsive team, clear communication and thorough advice.’
Kernmandanten
ITG Limited & Bayeux Limited
Saffery Champness
EFG Private Bank
Butterfield Bank and Trust
PraxisIFM Group and Nerine Group
Grant Thornton
GFSC
Apex
Intertrust
Teneo
Leonard Curtis
Highlight-Mandate
- Acted for Investec as former trustees of the Tchenguiz Discretionary Trust in relation to a long-running trust dispute.
- Acted for Grant Thornton, the joint liquidators of JJW Limited, in the cross-border insolvency of a hotel-owning and operating group.
- Advised the Salim Habib Education Foundation in connection with a £168m claim for the transfer of shares in a pharmaceutical company which had been donated to the foundation.
Ogier
Ogier is particularly adept at overseeing trust matters, including disputed restructurings and breach of trust claims, but handles a growing caseload of contentious insolvency matters, as well as regulatory and proceeds of crime issues. Mathew Newman heads the team alongside Simon Davies, with the former specialising in restructuring and insolvency disputes and trust matters, while the latter handles a combination of commercial and trust cases. Bryan De Verneuil-Smith maintains a broad practice, covering commercial, insurance and trust disputes, with additional expertise in matters hinging on directors’ duties. Sandie Lyne specialises in trust issues, including the removal of trustees and contentious restructurings. Julia Schaefer joined the practice as a consultant advocate in April 2024.
Praxisleiter:
Mathew Newman; Simon Davies
Weitere Kernanwälte:
Bryan De Verneuil-Smith; Sandie Lyne; Julia Schaefer; Alex Horsbrugh-Porter
Referenzen
‘The best thing about dealing with Ogier’s team was their common sense approach, and understanding of our issues. There was never any confrontation, and they adopted a collaborative approach whilst being firm with us on the legal issues involved.’
‘Bryan De Verneuil-Smith was extremely helpful and approachable. His team were extremely efficient and also approachable.’
‘Sandie Lyne is an energetic and charismatic partner who has an infectious enthusiasm for her work. Mathew Newman has a depth of technical knowledge that is valuable to any client. Bryan De Verneuil-Smith does not shy away from complex matters and is very pragmatic in his approach.’
Kernmandanten
BDO LLP
Butterfield Trust
New Street
Begbies Traynor
CRGF Funds GP Limited
Krys Global
EEA Life Settlements PCC Limited
The Public Trustee of Guernsey
Suntera Private Wealth
Alvarez & Marsal
HSBC Bank (CI and UK)
Praxis
Teneo Restructuring
Leonard Curtis
RG Growth
Barratt Hodgson
Stanislav Gromov
Grant Thornton
Highlight-Mandate
- Acted for the defendant bank in relation to a cause filed in September 2021 and tabled in February 2022 by a BVI company seeking a declaration that funds held by the bank are not the proceeds of criminal conduct.
- Acted for the plaintiff, Mr. Stanislav Gromov against three defendants (Rose Group Limited, VEB bank and RGI Residential Holdings Ltd) in a claim that these parties acted unlawfully towards our client and caused him damages in the amount of $124m.
- Represented CRGF in the Guernsey Court of Appeal in a long-running dispute with Rusnano, relating to investment management fees due under a limited partnership agreement.
Walkers
Walkers is noted for its work in relation to both cross-border insolvency proceedings and trust issues, such as disagreements over the removal of trustees and validity issues. Practice head Alison Ozanne is equally adept at acting for clients in insolvency matters as she is in regulatory proceedings. Liquidators instruct Sarah Brehaut in contentious winding-up proceedings, and she is also well versed in overseeing commercial and trust disputes, with Adam Cole managing a caseload consisting of trust and insurance matters.
Praxisleiter:
Alison Ozanne
Weitere Kernanwälte:
Sarah Brehaut; Adam Cole; Helena Lavin; Laurent Thibeault; Jamie Bookless
Referenzen
‘The team at Walkers – particularly Adam Cole and Laurent Thibeault – is highly capable, with a keen eye for detail. They know the facts inside and out and provide sensible commercial solutions to even the most complex disputes. They are my go-to firm in Guernsey.’
‘Adam Cole is a true innovator and leader. He inspires confidence and is an absolute delight to work with. He is the true definition of a trusted advisor.’
‘Adam Cole is a highly pragmatic and results-oriented lawyer who always seeks to get to the essence of things in a highly effective manner.’
Kernmandanten
Alvarez and Marsal Europe LLP
Data Protection Authority Guernsey
Directors of ITI Trade Limited
Garenne Construction Group Limited and Garenne Investments Limited
Grant Thornton Limited
Guernsey Electricity Limited
Imperium Trust Guernsey
KRyS Global
Novartis International AG
Sovereign Trust (Guernsey) Limited
States of Guernsey
Swedish Sea Rescue Society
Highlight-Mandate
- Represented the States of Guernsey before the Industrial Disputes Tribunal regarding changes to the Public Sector Pension Scheme.
- Advised on the administration management of ITI Trade Limited at the instigation of the Guernsey Financial Services Commission.
- Assisted The Data Protection Authority in relation to a breach determination made against another local law firm.
Babbé LLP
Babbé LLP‘s client base is composed predominantly of financial service providers, which the firm represents in commercial disputes, in addition to acting in regulatory matters and advising HNWIs in trust cases. ‘Legal MVP’ Todd McGuffin leads the team, handling cases concerning trusts, insolvency and regulatory challenges, and is also noted for his work in fraud cases and asset recovery procedures. ‘Very capable advocate’ Nicholas Robison is sought after for complex trust disputes and is frequently tasked with representing the interests of minor beneficiaries, in addition to advising shareholders and directors in commercial disputes. Martin Jones joined the practice in May 2024.
Praxisleiter:
Todd McGuffin
Weitere Kernanwälte:
Nicholas Robison; David Doutney; Vicky Olivier; Nick Howell; Ruairi Pollins; Martin Jones
Referenzen
‘Babbé’s team is responsive and has a firm grasp on the personal aspect of legal services, understanding our specific needs as a client and ensuring that we are kept fully up to date and are engaged with every step of the process.’
‘Todd McGuffin is all about the clients. His approach is super client-friendly, making sure legal solutions match their business goals. Todd’s got a knack for handling tough cases. He’s like the legal MVP. Nick Robison’s analytical skills are top-notch. He can untangle even the messiest legal knots.’
‘David Doutney excels in devising strategic legal approaches to safeguard clients’ interests. David’s great at collaborating with colleagues and clients. He’s the glue that holds the team together.’
Kernmandanten
Fort Trustees Limited
Acis Capital Management LP
United States National Bank Association
VEB.RF
Intertrust
Robert Tchenguiz
Highlight-Mandate
- Acted for Fort Trustees Limited and Balchan Management Limited on the long-running Tchenguiz Discretionary Trust dispute.
- Represented VEB in a claim brought by Stanislav Gromov concerning a residential property development in Moscow, including in a dispute over the appropriate jurisdiction.
Bedell Cristin
Contentious trusts, insolvency proceedings and a broad spread of commercial disputes form the bedrock of Bedell Cristin‘s litigation practice, which also handles regulatory, asset recovery and enforcement matters. ‘Really excellent litigator’ Alasdair Davidson leads the group, acting for a range of financial service providers and fiduciaries in commercial and trust matters. Davidson also sits as a Lt Bailiff of the Royal Court. Jon Barclay specialises in financial services disputes, including matters that cover both civil and criminal issues. Emma Hill joined the firm from ONTIER LLP in December 2023, bringing expertise in disputes centred on digital assets.
Praxisleiter:
Alasdair Davidson
Weitere Kernanwälte:
Jon Barclay; Emma Hill; Abigail Houghton; Cassie Wade
Referenzen
‘Top drawer, commercially minded dispute resolution team. Reliable, efficient, and value-for-money advice. More than holds its own with the other leading firms.’
‘Alasdair Davidson is really smart and practical. Calm, well-organised approach, and shapes good outcomes for the clients. Has a good reputation with the courts.’
‘Alasdair Davidson is a sound lawyer, practical and pragmatic. Just the person you want on your team.’
Kernmandanten
Geneva Trust Company (SA)
Pilatus PTC
Cherry Godfrey
Saffery Champness
Grant Thornton
Kingsley Napley
JT Group
Guernsey Home Loans (Kent and Reliance Building Society)
E&Y
Imperium
Macfarlanes
Trustee of the Madoff Estate
Azets
Adil Popat
Teneo
Sarnia Home Loans
Stewarts Law LLP
Credit Suisse Trust
Hansard Trust
Highlight-Mandate
- Defended claims brought against the former CFO of JPO Ltd by liquidators with sums sought in excess of $1bn.
- Pursued claims for Geneva Trust Company in the ongoing Investec v Glenalla matter, involving the first case in Guernsey concerning insolvent trusts.
- Represented JT in its appeal against the regulatory finding that the two dominant telecoms providers in Guernsey conspired to rig the roll-out of 5G technology.
Collas Crill
Collas Crill has ‘real expertise in trust litigation,’ advising on issues concerning the conduct of trustees and their removal, with further expertise in high value commercial disputes. Christian Hay takes the lead on trust disputes and is a qualified mediator for financial services and other commercial disputes. Gareth Bell is the key contact for disputes grounded in insolvency and restructuring processes and is also able to advise on cases concerning directors’ duties, with Michael Adkins handling regulatory matters in addition to trust litigation. Ben Havard oversees a strong contentious trusts caseload, while James Tee is frequently instructed by insolvency practitioners and creditors across a range of insolvency-related issues.
Praxisleiter:
Christian Hay; Gareth Bell; Michael Adkins
Weitere Kernanwälte:
David O’Hanlon; Ben Havard; James Tee; Emma Taylor
Referenzen
‘A fantastic offshore team with real expertise in trust litigation. They are handling one of the biggest trust disputes in the Channel Islands at the moment with skill, calm and efficiency.’
‘David O’Hanlon has excellent judgment, and he is an advocate the court has complete trust in. He is excellent at dealing with clients but works collaboratively with other lawyers. Michael Adkins is completely unflappable and a very powerful advocate who really fights for his clients.’
‘Excellent dispute resolution team; strength and breadth of the department, led by first class partners.’
Kernmandanten
Minor and unborn family of Bidzina Ivanishvili
Moro Sphinx Limited
Bank Julius Baer & Co
First Island Trustees (Guernsey) Limited
Moore Stephens Fiduciaries (Guernsey) Limited
S & J Webster
Krys Global
Fidelity Management Limited
Equiom (Guernsey) Limited
Artemis Trustees Limited
IQ-EQ
Cannon Asset Management Limited
Ocorian Limited
Highlight-Mandate
- Advised a beneficiary looking to secure and defend substantial assets held on trust in Guernsey against enforcement claims falling out of the case of The Public Institution for Social Security -v- Al Rajaan & Others.
- Acted for a beneficiary of a £300m Guernsey trust set up by a French industrialist in a contested application for the removal of the Swiss protectors and investment managers.
- Represented the minor and unborn beneficiaries of a £1bn trust settled by Bidzina Ivanishvili, the former president of Georgia, in relation to the termination of the trust.
AFR Advocates
AFR Advocates‘ litigation work is comprised of trust and commercial disputes, with the firm acting for financial institutions, insurers and HNWIs before the Royal Court. Paul Richardson handles professional negligence claims in the financial services sector, with Mark Ferbrache maintaining a cross-border trusts and probate practice and also covering insurance and shipping disputes. Robin Cowling‘s work covers trust disputes and familial matters, including divorces.
Praxisleiter:
Paul Richardson; Mark Ferbrache; Robin Cowling
Weitere Kernanwälte:
Tim Richards
Highlight-Mandate
Appleby
Appleby acts for both liquidators and directors in insolvency proceedings, where issues of fraud and asset tracing are involved. Anthony Williams takes charge of the firm’s contentious offering, handling fund-related disputes, insolvency issues and trust matters. Richard Field acts on a range of regulatory matters, including data protection and AML issues, in addition to his commercial and trust disputes practice, with Richard Sheldon advising clients facing GFSC investigations.
Praxisleiter:
Anthony Williams
Weitere Kernanwälte:
Richard Field; Richard Sheldon; Alex Thornton de Mauroy; Daisy Fakude
Referenzen
‘The team is collaborative, well-staffed with clever lawyers and very responsive. It is a pleasure to work with them.’
‘Anthony Williams is a team player, thoughtful and strategic, with good advocacy skills. He is confident and unflappable, and is focused on the client’s objectives at all times. Daisy Fakude is efficient and well organised, and keeps matters ticking along.’
‘Standout experience for data and cyber-related disputes and regulatory investigations.’
Kernmandanten
Aareal Bank AG
Barclays Bank plc
CBW
CRGF GP Ltd
Deloitte LLP
EPEA Fund Services
Grant Thornton
HSBC Group
Northern Trust
Oak Group
Peters & Peters
PraxisIFM Group
Snapper Investments Inc
Standard Chartered Trust
Standard Bank Group
Standard Chartered Bank
Teneo Financial Advisory Limited
Utmost Worldwide
Highlight-Mandate
- Defended individual directors against claims brought by liquidators worth c. $1bn.
- Acted on behalf of EPEA Fund Services (Guernsey) Limited in defending it against claims by the liquidators of Lavaux Capital PCC Limited in connection with failed fund investments.
- Acted for Verity in relation to the transfer of its entire book of long-term insurance business to International Investments & Annuities PCC Limited.
Ferbrache & Farrell LLP
Ferbrache & Farrell LLP takes cross-border instructions relating to contentious trusts, commercial disputes and professional negligence, while also representing clients in local planning, medical negligence, and employment matters. Robert Breckon‘s commercial disputes work is augmented by his experience in employment and regulatory matters, with Alison Antill pleading both trust and insolvency cases before the courts. Robin Gist joined the practice in September 2024.
Weitere Kernanwälte:
Robert Breckon; Alison Antill; Robin Gist
Referenzen
‘I found their availability to be exceptional, and they readily attended meetings at short notice in what was a developing situation.’
‘Robert Breckon has been highly professional throughout the legal process and has been open and transparent in his advice. I found Robert to be very personable, and he would go the extra mile to ensure we had timely responses.’
‘The team is commercially oriented and covers a wide range of legal areas. They have good knowledge of the Guernsey courts’ practices and have a good network around the world.’