Dispute Resolution

At Babbé LLP we have an exceptional dispute resolution team.

Forceful and effective, we work across the full range of commercial activity, but with a particular focus on finance related matters. We have represented clients in some of the largest and most complex cases ever to have taken place in Guernsey and boast one of the largest dispute resolution teams in the jurisdiction focussed on international work.

We are widely acknowledged for our expertise in fields including contentious trust litigation, investment fund litigation, commercial fraud, insolvency, and professional indemnity. Due to the nature of Guernsey's status as an offshore jurisdiction we have developed significant expertise in matters that have an international dimension.

In addition to acting in the courts of Guernsey, our lawyers also provide a wide range of services in support of overseas litigation, often acting as the local agent for leading international law firms.

 

Key Dispute Services
  • Trust litigation
  • Funds litigation
  • Insolvency and liquidation
  • Shareholder and director disputes
  • Professional negligence
  • Asset tracing, disclosure orders and asset freezing
  • Compliance, regulatory and fraud
  • Obtaining injunctive relief
  • Reciprocal enforcement of international judgements
  • Contract law and disputes
  • Employer and employee disputes
Experience

We are acting for the executive directors of an investment fund defending claims put at in excess of $1 Billion.

We successfully took a preliminary issue to the Privy Council in an action where we acted for a local corporate trustee defending a claim for breach of trust arising out of the trust's investment strategy. This £65 million claim was subsequently settled.

We have recently been successful in having a claim dismissed on a preliminary issue on a point of construction of Guernsey’s Companies Law in relation to claims against directors of a film fund.

We won an appeal to the Guernsey Court of Appeal on behalf of Her Majesty's Revenue and Customs (HMRC), enabling it to be joined as a party to a Hastings-Bass application. This was the first such joinder anywhere in the world.

We are acting for a corporate trustee defending claims in excess of £180million in a case which raises ground-breaking law on the right of recourse to trust assets and potentially insolvent trust structures.

We act for the auditors of an investment fund facing claims of professional negligence as part of a suite of claims relating to losses in the fund.

We successfully acted on behalf of a major trust company, obtaining judgment for in excess of €3million from a fiduciary agent. We also obtained a worldwide freezing order in support of the judgment and the first ever order in Guernsey for interest on costs.

We acted in a shareholder dispute arising out of a major onshore joint venture conducted through a Guernsey corporate vehicle. Having demonstrated the strength of our client's case in emergency injunctive proceedings, we were then able to obtain third party commercial funding for an unfair prejudice action. We achieved a satisfactory settlement of the dispute within 5 weeks.

We are acting for construction professionals in a multi-million pound dispute concerning a major mixed use development.

We obtained a freezing injunction as part of a worldwide claim arising out of allegations of the fraudulent use of voyage and time charterparties for an Eastern European tanker fleet. 

 

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