Strategic thinking, commercial awareness and top-flight advocacy
Forceful and effective, we work across the full range of commercial activity, but with a particular focus on finance-related matters. We are widely acknowledged for our expertise in fields including contentious trust litigation, investment fund litigation, commercial fraud, insolvency, and professional indemnity.
We have represented clients in the largest and most complex cases to have taken place in Guernsey and have one of the largest dispute resolution teams in the jurisdiction focussed on international work.
- Trusts 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
- Representing the executive directors of Carlyle Capital Corporation, an investment fund, defending claims put at in excess of $1 billion, in Guernsey’s biggest ever civil trial. Babbé took the lead role on behalf of the Defendants and was successful in having all of the Plaintiffs’ 187 claims dismissed.
- Acting for a corporate trustee defending claims in excess of £180 million in a case which raises ground-breaking law on the right of recourse to trust assets and potentially insolvent trust structures – the case is on its way to the Privy Council.
- Acting for the liquidators of an investment company in a multimillion pound claim against its former directors for breach of duty in failing to prevent a fraud. After securing third party commercial funding, the case was successfully concluded by an early mediation.
- Acting 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.
- Representing the minority shareholder in a 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 secured third party commercial funding for an unfair prejudice action and achieved a satisfactory settlement of the dispute within 5 weeks.
- Obtaining the dismissal of a claim, on a preliminary issue on a point of construction of Guernsey’s Companies Law, in relation to claims against directors of a film fund.
- Winning an appeal to the Guernsey Court of Appeal on behalf of HMRC, enabling it to be joined as a party to a Hastings-Bass application – the first such joinder anywhere in the world.
- Successfully opposing an application to set aside a disposition out of a pension fund on grounds of equitable mistake – a case developing the principles in Pitt v Holt.
- Successfully taking a preliminary issue to the Privy Council on behalf of 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.
- Acting for US receivers on behalf of the CFTC in a claim arising out of an international fraud, where funds had been deposited in a Guernsey bank.
- Obtaining judgment on behalf of a major trust company, for a sum 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.
- Successfully obtaining 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.
- Successfully resisting a stay application on forum grounds, in a claim by trustees against a beneficiary who had commenced rival hostile proceedings in Italy.
- Acting on behalf of an advisory company and its director in a claim against the directors of a Guernsey SPV which had been engaged in the development of landmark, London residential properties. The claim was valued at £160m and ultimately settled.
- Securing retrospective rectification of a company’s shareholder register in the context of fraudulent conduct by officers and members – the first such order made by the Royal Court.
- Obtaining an administration order and interim injunctive relief on behalf of a regulator in relation to a non-compliant closed-ended fund and its investment manager.
- Securing urgent orders for the rectification of trust instruments in advance of a proposed multi-million pound distribution from the trust.
- Acting for construction professionals in a multi-million pound dispute concerning a major mixed use development.