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Litigation & Dispute Resolution

Our services

Our Litigation & Dispute Resolution group is the largest in the offshore world, and has a significant international presence and a reputation for achieving results for clients.

 

Overview

Our litigation partners all have considerable experience and are highly regarded for their work. Our team plays a leading role in the many of the largest and most high-profile disputes in the Cayman Islands, the BVI, Jersey and Guernsey, and in cross-border cases that require rapid and efficient coordinated advice.

Our clients include major financial institutions, trust companies, regulators, public authorities, prosecutors and high-net-worth individuals.

Our blog, The Offshore Litigator's Perspective, is where you'll find our point of view on significant cases in the courts and key legal developments – putting relevant, decisive and pithy news at your fingertips.

 

Banking Finance & Securities Disputes

We have deep expertise in the banking and finance sector. We advise 90 per cent of the world's top 50 banks, along with leading funds and fund managers, investment managers, insurers and other finance parties.

Our team of specialist banking and finance dispute resolution lawyers regularly works with our Corporate department to provide seamless advice on the most complex cross-border disputes.

Commercial & Contract Disputes

In today's increasingly contentious climate, commercial and contract disputes are commonplace. Our leading global Litigation practice has unparalleled expertise litigating and resolving a wide range of disputes, minimising any potential impact on our clients and their businesses.

Commercial Arbitration & ADR

Alternative dispute resolution (ADR) can help clients avoid the potential reputational risks, financial costs and delays that often go hand in hand with complex commercial litigation. Our lawyers have extensive expertise in advising clients on a wide range of complicated and sensitive ADR proceedings.

Employment Disputes

Disputes and conflict in the workplace require practical and knowledgeable legal advice that takes into account the often-sensitive nature of the issues that have arisen. We have a proven track record in resolving employment disputes and our considered, commercial approach aims to achieve the best outcome with minimal disruption for our clients and their businesses.

Our specialist employment lawyers also regularly host workshops for clients, helping them understand how to identify, manage and avoid potential disputes.

Fraud & Asset Tracing

In an increasingly complex regulatory environment, clients require lawyers who can act quickly and efficiently to freeze and recover assets. Our renowned litigation lawyers, based in key international jurisdictions, have particular expertise in all aspects of high-value, complex and cross-border fraud and asset tracing matters. We also advise clients on how to minimise any potential financial and reputational risks.

Fund Disputes

We have unparalleled experience in handling the offshore aspects of high-profile and high-value disputes in relation to alternative investment funds. Our expertise covers:

  • Investor disputes
  • Claims against directors and service providers
  • Enforceability of side letters
  • Fraud and mismanagement of assets
  • Restructuring of distressed funds
  • Redemption issues
  • Shareholders' rights
  • Valuation issues
  • Winding-up and dissolution of insolvent funds

Insurance Disputes

Insurance disputes can arise out of insured risks, claims or policy disputes, but insurers are also facing unprecedented regulatory challenges. Our specialists draw on the broad expertise of our non-contentious insurance practice to advise clients on their legal obligations and on a full spectrum of insurance-related disputes.

Public Law Litigation

Our public law litigation lawyers are highly active in our key jurisdictions and regularly provide advice to governmental bodies regarding disputes that may arise in the public sector.

Real Estate Litigation

We have a long-established and highly regarded property law practice, with in-depth market knowledge. We advise lenders, developers, owners, contractors and investors on all types and size of property dispute, and regularly resolve multi-jurisdictional disputes relating to large portfolios or private equity investments.

Regulatory Investigations

Criminal or regulatory investigations can have a significant financial and reputational impact on a company, and global regulators and criminal prosecutors are increasingly focused in their approach.

Our expert team of contentious and non-contentious specialists provides integrated advice so that clients facing regulatory investigations can identify any potential risks as early as possible and ensure that they meet the highest possible standards.

Restructuring & Insolvency Litigation

We have a notable reputation for handling complex, cross-border and often high-profile restructurings and insolvency proceedings offshore. We draw on the specialist, technical knowledge of our finance, corporate law and litigation lawyers and consider all aspects of restructuring or the relevant insolvency regime.

Schemes of Arrangement

In the current economic landscape, schemes of arrangement are a popular tool for corporate reorganisation (as an alternative to restructuring) and for a wide range of corporate transactions. We have extensive experience and technical knowledge, and help clients identify and establish the best structure, using our deep understanding of the wider issues that impact their businesses.

We advise on all aspects of corporate structuring and have been involved in many of the most groundbreaking and innovative structures in the offshore market.

Trust Disputes

Our team advises trustees and beneficiaries on litigious and potentially litigious issues arising in the course of the administration of trusts and foundations (both contested and non-contested). These include requests for the provision of trust information, transfers of trusts to other service providers, restructurings, rectification, mistake and Public Trustee v Cooper applications.