DEALS & CASES | DISPUTE RESOLUTION

Winnetka Trading Corporation

Represented an investment company Winnetka Trading Corporation in an appeal to the Guernsey Court of Appeal against earlier 'anti-suit' injunction granted by the Guernsey Royal Court on the basis of a purported exclusive jurisdiction clause. The Court of Appeal overturned the primary judge's findings and distinguished a line of recent UK authority which suggested that there is little or no distinction between exclusive and non-exclusive jurisdiction clauses. The judgement creates a significant new precedent in the common law of Guernsey.

Sherbrooke

Represented several beneficiary families who were in dispute with the Guernsey based trustee of their family trusts regarding the proposed sale of the primary asset of the trusts, being significant business interests in Ireland and Africa. In order to seek to prevent the trustee from disposing of the asset, we issued an application for a restraint order under the Trusts Law and/or injunctive relief.

Re X

Represented the guardian of 'x' in a case to decide whether the assets of the patient (who was under guardianship) could be placed in a settlement in order to minimise potential future inheritance tax liability. The ruling by the Royal Court modified the law governing guardianship and introduced a quasi-statutory wills regime into Guernsey.

Re The M Trust

Represented the beneficiaries of a Guernsey trust which, pursuant to agreements between parties to matrimonial proceedings in the English High Court, was the subject of a "winding-up" application before the Royal Court of Guernsey. This was the first trust related application to come before the Royal Court following the introduction of the Trusts (Guernsey) Law 2007.

Gloria Wesley (Countess Bathurst) -v- Kleinwort Benson et al

Represented Countess Bathurst in her attempts to obtain trust documentation from the trustees of settlements settled by her late brother. Successfully obtained orders for disclosure of documents against the defendants, including disclosure of ‘letters of wishes’ and documents evidencing the trustees’ decision-making processes. This judgment created a significant new precedent in this area of the law.

Glencoe

Representing the beneficiaries of a Guernsey trust in proceedings brought by the National Prosecuting Authority of South Africa, including in connection with applications for restraining orders, and other matters relating to the administration of the trust.

Cable & Wireless Plc v Messenger Insurance PCC Limited and others

Represented Messenger, a Guernsey protected cell company, in Royal Court and High Court proceedings concerning allegations of insurance related fraud against certain former employees. Messenger was the corporate vehicle in which proceeds of the alleged fraud, some £120m, were said to reside

Stylo plc (Barratts Shoes) Administration

Represented the joint administrators of Stylo PLC (Barratts shoes) in relation to the extension of the UK administration to Guernsey. We obtained an order extending the UK moratorium to Guernsey pursuant to s.426 of the Insolvency Act 1986, as extended to Guernsey. We believe that this is the first time the s.426 procedure has been used for this purpose in Guernsey.

Sark / Barclay Brothers

Represented the trustees of the charity that owns and runs the Sark island community centre and school in proceedings brought by Sir David and Sir Frederick Barclay for the return of monies donated to the charity. The claim was for breach of trust, and any unlawful application of the donation. The remedy sought was an injunction to prevent the trustees from operating a commercial café/bar in the community centre; and/or the return of the donation. Due to the ill-health of the plaintiffs, the Court of the Seneschal took the unusual step of relocating to the plaintiffs' home on the nearby island of Breqhou for one day of the trial in order to take their evidence. Judgment was granted in our clients' favour.

Equity Special Situations Ltd

Represented the joint liquidators of Equity Special Situations Ltd, a very substantial investment fund which was forced into liquidation by the collapse of Landsbanki in the UK and Iceland. We acted for the company in placing it into compulsory liquidation and continue to act for the joint liquidators, Grant Thornton. The matter has received significant coverage in the local and UK press.