Deals and Cases : Practice Area : Litigation

Litigation cases of recent significance

• Instructed by Farrers to act for Russa Management Limited, one of the two trustees to be sued in a high profile case that is the leading authority in Jersey on protectors, trustee costs and Director's personal liability for the acts of corporate trustees.
• Acted for Fortis Bank (CI) Limited in Yaddehige v Credit Suisse, Collas Day & Fortis Bank (CI) Limited. reviewed significant principles concerning the periods of limitation (prescription) in Guernsey and the differences between Guernsey and English law in this area.
• Acted for Ansbacher in a ground-breaking decision that establishes important new law in regard to the issue of the locus standi of beneficiaries of a trust to sue for breach of trust, and the application to such a claim of the rule against reflective loss where a company has suffered loss and is owned by trust.
• Acted for the additional trustees and replacement protector In the matter of the Bird Purpose Trust and Bird Charitable Trust. It was the first time Jersey had considered the fiduciary nature of a protector's powers under Jersey law and the extent to which the exercise of such powers by a protector may be regarded as fraudulent and a breach of fiduciary duty.
• JPMO and others v The States of Jersey. Acted for one of the successful Plaintiffs in a case which has resulted in a landmark decision from the European Court striking down as illegal a Jersey statute which sought to regulate the Jersey agricultural industry.
• Instructed in the Commission Rogatoire proceedings in the matter of the prosecution of Leaf. This was a complex fraud claim being pursued by the UK Inland Revenue and Customs and believed to be, in monetary terms, the largest they have ever taken.
• Acted for Motorola in obtaining a judgment for in excess of US$2 billion and subsequent enforcement of this judgment. This judgment is the largest ever awarded by the Royal Court of Guernsey.
• Acted for a beneficiaries in the latest authority on sham in Jersey. Another party alleged that a trust can be set aside as a sham absent an intention to mislead on the part of the settlor and trustee. This was rejected by the Royal Court and Jersey Court of Appeal
• Acted in the Yukos Oil dispute. Carey Olsen was instructed to represent certain parties in dispute with the Russian government.
• Successfully represented the Jersey Financial Services Commission (JFSC) in a judicial review by a Jersey Trust Company against a decision to refuse to grant it a licence to operate in Jersey as a financial services provider.