Louise Hargreaves

Overview

I’m Counsel in our Guernsey Litigation team, specialising in contentious trust disputes, with multi-jurisdictional elements. I have significant experience in dealing with substantial trust litigation before the Royal Court of Guernsey, the Guernsey Court of Appeal and the Judicial Committee of the Privy Council.

I joined the firm in 2011 from Sydney, Australia and prior to that was a partner at Foot Anstey LLP, a top 200 regional law firm in the UK.

Professional qualifications

• Solicitor of the Supreme Court of England and Wales, 1999
• LLB (Hons), Exeter University
• Legal Practice Course, College of Law, Guildford

Memberships

• Member of the Association of Contentious Trusts and Probate Specialists (ACTAPS)
• Guernsey International Lawyers Association (GILA)

Work highlights

Currently acts for Investec Trust (Guernsey) Limited and Bayeux Trustees Limited (together "ITGL") in relation to a complex web of litigation concerning the Tchenguiz Discretionary Trust ("TDT") litigation, which is proceeding at various stages in the Courts of several jurisdictions including the BVI, England and Wales and Guernsey. Aspects of that litigation include:

• Defending successfully a claim that ITGL should be made personally liable for loans exceeding £180m, which were incurred by them as trustees of the TDT; and a counterclaim, by the successor trustee of the TDT, alleging breach of trust and negligence.  Proceedings commenced in the Royal Court of Guernsey in 2011, and LB Chadwick QC handed down judgment on 6 December 2013 (Guernsey Judgment 38/2013). That judgment was appealed successfully to both before the Guernsey Court of Appeal ("GCA")(Judgments 28/14 (Applicability of Article 32 Trusts (Jersey) Law 1984, as amended ("Article 32")), 41/2014 (Meaning and Effect of Article 32), 8/2015, 35/2015, 2015 GCA 467, 15/2016, 31/2016), and the Judicial Committee of the Privy Council ("the JCPC"). The JCPC delivered its judgment on 23 April 2018 ([2018] UKPC 7).           
• Acting in relation to cross appeals arising from a substantial breach of trust and gross negligence claim for damages in excess of £380m brought by the trustees of the TDT against ITGL, as former trustees of the TDT; including bringing an action to strike out that claim. Proceedings commenced in the Royal Court of Guernsey in June 2013, and DB McMahon handed down judgment on 11 November 2015 (Guernsey Judgment 52/2015). That judgment was appealed successfully to both the GCA (Guernsey Judgments 50/2016, 52/2015), and the JCPC. The JCPC delivered its judgment on 23 April 2018 ([2018] UKPC 7).
• Successfully opposing an application by a parties seeking to intervene in proceedings before the GCA, and attendant claims for costs (GCA Judgment 4/2015).
• Successfully opposing an application to the GCA by a trustee for permission to amend its notice of appeal, leave to adduce further evidence and specific disclosure and interrogation against our clients (GCA Judgment 8/2015), upheld on appeal by JCPC ([2018] UKPC 7).
• Successfully striking out a claim in GCA for specific performance of a contract for the sale of the shares in a company that owns landmark real estate in London, the Royal Collage of Organists (Guernsey Judgment 46/2016); and subsequently defending an application for special permission to appeal that decision before the JCPC (JCPC Report, 14 March 2018).
• Acting in relation to complex administrative costs proceedings in the Royal Court of Guernsey for payment of substantial indemnity costs payable to former trustees from a potentially insolvent trust (Guernsey Judgments 49/2017, 50/2017, 51/2017, 12/2017, 11/2017, 54/2015).
• Acting in relation to various applications in Guernsey and the BVI for permission to use trust documents for a collateral purpose in third party proceedings. Cases include Guernsey Judgment 39/2017.
• Acting in relation to contested applications under the In re Beddoe's Settlement Trusts principle (in camera proceedings in Royal Court, Guernsey).
• Acting in relation to contested applications for the delivery-up of trust documents (Guernsey Judgment 4/2017). 
• Acting in relation to an application for stay of execution (GCA Judgment 7/2014) and security for trusts (GCA Judgment 9/2014) in contentious trust proceedings before the GCA.