Dispute Resolution

Collas Day takes instructions on contentious matters from leading London law firms, Guernsey-based financial institutions, international banks and a wide range of other local and international clients.

Our priority is to resolve disputes in the most effective way for clients, whether by way of litigation or by arbitration, mediation or another form of alternative dispute resolution.  Where litigation is unavoidable, we focus on working towards our client's commercial objectives while assessing the inherent legal, commercial and reputational risks.     

The dispute resolution team works closely with colleagues from across the firm to resolve matters. Our lawyers have acted in some of the most prominent Guernsey matters of recent years.

Collas Day's Dispute Resolution service focuses on the following areas:

Commercial
Collas Day Dispute Resolution handles a wide variety of contentious corporate and commercial work.  We are able to assist our clients in relation to anything from simple proceedings to high profile Guernsey-based litigation and complex cross-border actions.

We focus on the following areas of commercial work:
  • tracing actions, asset freezing, disclosure orders and other pre-trial remedies
  • international debt recovery, reciprocal enforcement of judgments and obtaining evidence for the purpose of foreign proceedings
  • professional negligence
  • insurance and reinsurance
  • contractual disputes
  • company law including disputes between shareholders and directors
  • telecommunications, e-commerce, intellectual property disputes
  • insolvency and restructuring
  • ADR including mediation, arbitration and expert determination
Banking and Funds

Collas Day Dispute Resolution advises investment and retail banks, insurers and other financial services businesses on the complex litigation and regulatory issues that often arise in relation to transactions.  Our team is able to help its clients deal with a variety of contentious problems, which are frequently high value in nature and often carry a significant degree of reputational risk.  

Our team also advises clients on fund-related disputes, which can be brought about by a variety of different factors such as trading losses, illiquidity, misevaluation and mismanagement.  Collectively our lawyers have a broad range of experience covering a wide variety of types of fund including limited partnerships, unit trusts, open and close-ended funds and private equity funds. 

Further to the above, we are able to offer clients the following services;
  • banking litigation
  • contractual disputes
  • anti-money laundering
  • shareholder disputes
  • valuation disputes
Property and Construction
Collas Day Dispute Resolution works for banks, developers, landlords, tenants, hoteliers, contractors, architects, engineers and other professionals in the property industry, offering an integrated service covering all aspects of property-related work and the various types of dispute which can arise in relation to them.

Our team include lawyers with broad experience of disputes within the construction industry who are familiar with all forms of standard form construction contracts and the various issues that may arise in a construction project.

More particularly, Collas Day Dispute Resolution is able to assist clients with the following:
  • building disputes
  • valuation disputes
  • boundary disputes
  • planning appeals
  • compulsory purchase orders
  • architect, engineer, and contractor negligence
  • landlord and tenant
Regulatory and Business Crime
Collas Day Dispute Resolution maintains a focus on regulatory and compliance issues, particularly within the financial services industry.  We advise clients in relation to anti-money laundering and corruption policies, as well as providing support and advice in cases involving investigations and proceedings by various authorities.

We have experience of a wide range of types of commercial fraud and regularly advise on complex, high-value disputes that threaten the business and reputation of our clients.

Collas Day Dispute Resolution is able to assist clients with the following:
  • regulatory appeals
  • health & safety proceedings
  • international fraud and money laundering
  • revenue, customs and fraud investigations
  • disqualification proceedings
Trust & Estate
Collas Day Dispute Resolution is regularly involved in fiduciary disputes acting both for trustees and beneficiaries on a wide range of contentious trust matters.

We are able to assist clients with the following:
  • variation of trusts and wills
  • transfer of trusts
  • validation and administration of trusts, including the consideration of sham trusts, constructive trusteeship and tracing claims
  • actions against trustees for breach of trust
  • inter-beneficiary disputes
  • representation of minor and unascertained beneficiaries
  • applications for directions, and approval of the variation or resettlement of trusts
  • contentious probate
Personal Law
Collas Day Dispute Resolution offers a range of services to meet the needs of our individual clients in addition to those that we offer our corporate and institutional clients.

We have lawyers who are experienced in employment related matters and we regularly represent both employers and employees before tribunals.  However, we also explore alternative dispute resolution, always seeking to resolve disputes in the best interests of our clients.

The team deals with contentious probate work, which can be extremely complex, involving many different areas of law.  Our experience in this field reassures our clients throughout what is often a difficult time.

We also have a thriving personal injury practice, with particular expertise in medical negligence and work-related injuries.

We are able to assist clients with the following:
  • employment disputes
  • contentious probate
  • personal injury
  • public law and administrative appeals, including judicial review, planning, housing and tax appeals
  • matrimonial proceedings including ancillary relief, pre-nuptials, co-habitation agreements, separations and emergency injunctive relief
Debt Recovery
The Debt Recovery unit at Collas Day offers a comprehensive, swift and cost-effective service for a cross section of commercial and private clients.

An experienced team focuses exclusively on debt recovery. We offer a single point of contact for advice and assistance on all aspects of recovery and enforcement.

We have particular expertise in

  • Pre-action collection
  • Petty debt and Royal Court proceedings
  • Insolvency proceedings
  • Defended actions
A responsive and personal service

However or whenever you choose to instruct us, we will take the first steps in recovering your debt the same day. We are proactive, updating clients at every stage of the process and providing advice on the best options available for maximising recovery but always taking into account the associated costs.

Cost-effective - sharing the burden

We offer discounted rates for our debt recovery services. Please contact james.tee@collasday.com with your debt recovery query.




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To find out more about our practice and services please contact:

Primary
Christian Hay, +44 (0)1481 734275, christian.hay@collasday.com

Alternate Contacts
Gareth Bell, +44 (0)1481 734275, gareth.bell@collasday.com
Patrick Palmer, +44 (0)1481 734240, patrick.palmer@collasday.com

Debt Recovery 
James Tee, +44 (0)1481 734284, james.tee@collasday.com