Dispute resolution in Isle Of Man
Commercial litigation, insolvency and investment fund disputes expert Mark Holligon spearheads Appleby’s dispute resolution team. The four-partner offering handles both international and domestic mandates, with a client list comprising multinational financial institutions, government bodies and private clients. Charles Davies leads on complex fraud and high-value personal injury matters and Caren Pegg deals with a broad range of market-leading civil and commercial disputes including asset tracing, freezing injunctions and regulatory disputes. Christopher Cope and counsel Claire Corkish continue to act on a range of matters concerning enforcement of foreign judgments. Senior associate Mark Emery is making a name in the contentious insolvency field as well as advising on professional negligence, data protection and mutual legal assistance issues, while senior associate Erin Trimble-Cregeen is highly praised for her contentious trust expertise.
Other key lawyers:
‘Very capable lawyers who are a pleasure to work with‘
‘Appleby is the best firm on the island‘
‘The service provided by Appleby is second to none.‘
‘The response times are almost immediate and accessibility to the legal team is constant.‘
‘It is paramount to work with trusted parties and with Appleby we you have this‘
‘Caren Pegg provides very clear advice and is happy to work through issues with you to arrive at the best strategy‘
‘Mark Holligon is a truly inspirational leader of the team- proactive, hard fighting and inventive‘
‘Mark Holligon is an excellent, reasoned litigator‘
Isle of Man Government (various departments)
The Financial Services Authority
- Instructed by Rosenblatt to act for the State Trading Corporation of India as creditors to the sum of $200m in Global Steel’s multi-jurisdictional contentious insolvency dispute.
- Successfully struck-out a Petition of Doleance (the Manx form of judicial review) against the Public Services Commission seeking to set aside a decision concerning the claimant’s Flexible Early Retirement entitlements.
- Acting for the Isle of Man’s Financial Services Authority in the jurisdiction’s largest ever director disqualification action following the collapse of Louis Group’s collective investment scheme.
- Acting for Keith Wellner as representative of a class of creditors in the distribution of liquidated assets following the winding-up of Isle of Man-based hedge fund Heather Capital.
Cains’ market-leading offering regularly handles high-value and complex insolvency, commercial, asset tracing, fraud and trust litigation cases. Practice heads Peter Clucas and Robert Colquitt, alongside Seth Caine (now a consultant) handle some of the islands largest anti-suit injunctions and civil fraud instructions. The client roster boasts a solid list of multi-jurisdictional trust companies, financial institutions, public bodies, HNWIs and international law firms. The team saw a significant addition with former First Deemster David Doyle bringing unique experience from the bench, while associate Charles Williams is also praised by clients.
Peter Clucas; Robert Colquitt
‘Cains has been at the forefront of the Manx legal scene for generations and has forged a reputation for excellence and rapid turnaround times‘
‘A thoroughly professional, civic-minded and diligent practice‘
‘Phenomenally good at the law‘
‘A well-respected firm of Manx advocates‘
‘Peter Clucas has an impressive professional attitude‘
‘Peter Clucas is an extraordinary advocate, providing a polished performance every time and willing to take on and fight difficult cases‘
‘David Doyle is one of the Manx Bar’s greatest ever legal minds, with a charm and wit that surprises many, making him a pleasure to deal with‘
‘Charles Williams and Alex Poole-Wilson represent their firm well, providing practical solutions when required on complex matters‘
Cayman National Trust Company
Sochin, Nikolay – Baranov
The Financial Services Authority
- Successfully obtained the Isle of Man’s first anti-suit injunction on behalf of Excalibur Almaz to enforce a settlement against Japanese businessman Takafumi Horie, restraining him from pursuing a $98m fraud proceeding in Texas.
- Instructed by PricewaterhouseCoopers to obtain a direction of the Manx Court to pay £15m interest to the creditors of Kaupthing Singer & Friedlander’s 2008 liquidation.
- Acting for Isle of Man-based entity Woman LLC in claims forwarded against it under the Fraudulent Assignments Act.
- Approached by Hogan Lovells to assist with the registration, recognition and enforcement of substantial Russian and English High Court judgments and orders made against Sergei Pugachev.
- Advising Browne Craine as liquidators of Global Steel Holdings in its $200m contentious insolvency.
Callin Wild has recently recently enjoyed significant, high-value mandates from ultra high net worth individuals spanning multiple jurisdictions. Practice head Jonathan Wild also acts on a number of asset recovery cases and fund litigation proceedings, acting for both claimants and defendants. Through Kathryn Clough and Fletcher Craine, the practice offers expertise in cross-border insolvency, property and employment disputes. Lydia Mulligan spearheads the family law department, covering the gamut of such issues..
Capital Fund Services
Golar LNG NB13 Corporation
Cruz City Holdings
Kaupthing Singer & Friedlander
Isle of Man Financial Services Authority
- Assisting Tatiana Akhmedova in the enforcement of a £350m judgment following a significant divorce order.
DQ advises a strong client list of financial services entities, company directors, trustees and public bodies. The team enjoys a steady flow of mandates concerning insolvency (of which Stephen Dougherty has particular expertise), trust disputes and professional negligence. The practice also has a depth of expertise in liquidator-instructed schemes of arrangement applications. Leanne McKeown leads on contentious employment and high-value personal injury claims, and senior associate Tara Cubbon acts on corporate and commercial litigation matters including high-stakes bankruptcy injunction orders.
‘The team is well balanced in terms of expertise. Their responses are timely and efficient.’
‘They work well as a team and any response bears the balance that the team brings. They listen to their client, yet also will suggest what they feel is the best.’
‘Giles Hill and Tara Cubbon both have really good knowledge and are practical in their approach. They deal with issues directly and to the point and champion their clients above all. Their experience mean that they give efficient and achievable advice that is aggressive only when needed, yet and decisive and strong in approach.’
‘The practice combines extensive cross-border experience coupled with a clear focus on its Isle of Man market. It can justifiably emphasise its independence, not being tied to a wider network.’
‘Giles Hill displays considerable commercial and strategic acumen and offers practical advice in real-time. He is ably supported by the intelligent and proactive Tara Cubbon.’
Turnstone (Isle of Man)
Manx Industrial Relations Service
Trustee of the Marr Trust
British Medical Association
Heather Scott as personal representative of the estate of the late Christopher Scott
- Successfully obtained a bankruptcy injunction order on behalf of Lloyds Bank against an individual for debts of over £3m. Subsequent appeals were also successfully dismissed.
- Represented Fulcrum as trustee of the Pomfrett Trust in issues concerning a £3m confiscation order obtained against the trust’s settlor, and a restraint order obtained against the trust’s assets.
- Successfully struck out a £28m fiduciary breach claim brought against Turnstone and its subsidiary Peacock Management by the Cayman Island-based fund Axiom Legal Financing.
- Ongoing instruction from Michael Simpson as court -appointed liquidator of the Louis Group following its high-value and complex insolvency.
- Instructed by the Manx Industrial Relations Service in its High Court intervention concerning the statutory role it plays in conciliating employment settlements.
Keystone Law’s three-partner practice enjoys particular strength in acting on some of the Isle of Man’s leading insolvency mandates, with Gillian Christian a noteworthy name in this field. The team’s offering was further bolstered with the addition of Andrew Marshall from Gough Law, who brings a wealth of expertise in trust and property disputes as well as fraud and fiduciary breach matters. Rachel Berry represents defendants backed by leading insurers in high-value personal injury claims. The client base comprises liquidators, financial services providers, retailers and hospitality businesses.
Long & Humphrey
Long & Humphrey’s dispute resolution practice comprises Rob Long and recently-promoted director Oliver Helfrich. Long is the name to note for commercial litigation mandates involving corporate disputes, insolvency and asset tracing for banks, fiduciaries and government departments. Helfrich leads on instructions concerning trust disputes, employment, breaches of contract and negligence, as well as having public law expertise.
Rob Long; Oliver Helfrich
Peel Town Commissioners
Castletown Town Commissioners
Isle of Man Enterprises
Department of Education, Sport and Culture
Department of Health and Social Care
Isle of Man Law Society
- Advising Deloitte and Browne Craine (the joint liquidators) of the failed UK Secured Finance Fund.
- Instructed by the Isle of Man Law Society to challenge the introduction of a protocol by the Isle of Man Legal Aid Committee changing the information gathering obligations on advocates and the procedures for advocates’ payment for advice and assistance to legal aid recipients. The protocol was challenged by way of doleance (Manx form of judicial review).
- Represented, a farmer who was the protected statutory tenant of a substantial agricultural holding in Land Court proceedings where the landlords were seeking to determine the tenancy and evict the farmer.
- Instructed by Shimmin Wilson on numerous ongoing insolvency issues involving, among others, Mincarlo, Kolonna and Street Heritage.
- Successfully defended a family member in proceedings against her in which the claimant sought the recission of a deed of gift to her on grounds of, among other things, undue influence.
Quinn Legal’s full-service offering represents an extensive range of local businesses, international corporations, financial institutions and private clients. Steven Coren, practice head Ashley Kneale and name partner James Quinn all lead on professional negligence, civil litigation, breach of duty, financial crime, trust and regulatory disputes. Louise Byrne, as head of the family practice, is highly praised for her work in sensitive matters involving divorce proceedings and children while Jim Travers is also praised for his criminal defence expertise.
Ashley Kneale; Louise Byrne
‘The team has a huge amount of expertise and experience across a breadth of areas‘
‘It delivers exceptional service to clients‘
‘A small but dedicated and efficient team that is more than happy to shake things up and look for different angles in pursuing its clients’ best interests‘
‘Hard working and knowledgeable‘
‘Offers a comfortable, calming and professional atmosphere‘
‘James Quinn is an excellent, even-handed negotiator who knows how to achieve resolution‘
‘James Quinn is pragmatic and fearless‘
‘Ashley Kneale is a very dependable pair of hands in litigation and a star of the future‘
‘Louise Byrne is a leader in her field, has great technical skills, excellent client care and has the respect of judges and peers‘
‘Louise Byrne is professional, supportive and finds resolutions to specific people problems; she builds client confidence in difficult situations‘
‘Jim Travers is hard-working, dedicated and very pragmatic: clients love him.‘
Volaw Trustee Limited
Dr Christopher Clarke (Highland Peaks Holdings Limited)
Ms Chantal Barrett (Mourant Ozannes)
Mr Kennedy Talbot QC
Mr Neil Swift
Peters & Peters
Mr Matthew Banham (Dechert LLP)
Ms Anastasia Stankova (Dechert LLP)
Mr Paul Bell (Hexagon)
Mr Glen Bell (Hexagon)
Mr Julian Harper
Mr Martin Courage (Aerodynamics Limited)
Mr Peter Willers
Mr Rashad Al-Shawa (Mai Resources International)
Mr Ian Davison
Mr Norman Greenhalgh (Hartford Homes)
Mr James Greenhalgh (Hartford Homes)
Mr Gavin Speirs (Speirs Group Limited)
- Defending Volaw Trustee Limited in complex performance proceedings relating to the fair value of a limited partnership interest.
- Defending Dominic Reid in a high-value professional negligence claim arising out of the collapse of the Louis Group.
- Acting for Dr Christopher Clarke (Highland Peaks Holdings Limited) in claiming substantial damages in respect of investments with a major insurer.
- Successfully obtained an emergency injunction on behalf of Hexagon Contract Limited to regain access to client’s database in order to continue operations and subsequent claim for damages.
- Defending an individual who had approximately £3.4m restrained by the Attorney General in respect of money held in the Isle of Man.
The newly established Athena Law is a litigation boutique headed by Chiva Samani (previously a director at Gough Law), with a focus on high-value corporate, trust, commercial, insolvency, and fund-related disputes. The firm instructions from large UK-based law firms on substantial cross-border disputes, representing trustees, beneficiaries, HNWIs and investors. In addition to her core practice, Samani has also acted on a number of employment disputes.
‘This mini legal powerhouse is dedicated to its clients and their cause and will fight fearlessly and effectively to vindicate their interests providing unparalleled advocacy in court‘
‘A modern and unstuffy firm getting straight to the point with clear and concise advice and accuracy unlike other firms‘
‘Athena Law has a unique ability to identify key issues and to use them to devise a clear strategy, aimed at achieving the desired result in the most expedient manner‘
‘When Chiva Samani speaks, the Deemster listens‘
‘Chiva Samani is imaginative in how she develops legal arguments and highly effective at destroying her opponent’s arguments‘
‘Chiva Samani is highly responsive and her work ethic is second to none. A head above the rest, smart and definitely the advocate you want on your side‘
‘Chiva Samani is outstanding- very clear in her advice and thorough in covering all the issues which need to be addressed‘
‘Chiva Samani is very approachable and professional at all times‘
‘Chiva Samani is an expert in Manx employment tribunal matters and understands the local landscape intimately‘
‘Chiva Samani cuts through the clouds of complexity with a refreshing clarity and conciseness‘
The Estate of Bernard McNicholas
Ocio Y Valores SA
Oak Trust (Guernsey)
- Acted for the directors (Michael Richardson and John Bourbon) of three failed funds with investments of £171m in successfully avoiding director disqualification proceedings and fiduciary breach claims.
- Secured seven favourable judgments for The Estate of Bernard McNicholas, which claimed investment losses of over £7m in the failed Louis Group.
- Successfully applied to strike out a £3.5m claim against Josiane Binstock relating to undue influence and fiduciary breaches.
- Representing the Oak Trust in litigation concerning the validity of a deed of appointment as trustee of the Aerotrans Trust.
- Acted for investment advisor Nectrus in proceedings brought by Indian real estate group UCP alleging breach of contract and negligence.
At Simcocks, associate Caroline Jennings advises a breadth of clients on family law issues, including divorce and separation agreements and child maintenance issues while associate Winston Taylor is the noted name for immigration issues. Fellow associate Kevin O’Loughlin also works with the firm's private client offering on contentious trust issues. Proceeds of crime is another area of expertise. Christopher Arrowsmith left the firm to become Deputy High Bailiff in September 2019.
Litigation boutique Advocates Smith Taubitz Unsworth Ltd acts on significant domestic criminal, regulatory, personal injury, employment and family matters, as well as fielding instructions from international companies, trusts and private clients. The diverse expertise of the three partners - criminal defence specialist Darren Taubitz, civil and commercial litigation expert Vicki Unsworth and personal injury and negligence leader Hazel Smith - ensures the full range of mid and high-value disputes are catered for. Also noteworthy is the firm’s experience in representing money laundering reporting officers in Proceeds of Crime Act proceedings.
Vicki Unsworth; Hazel Smith; Darren Taubitz
‘An outstanding team with the ability to grasp the essential issues in the case and apply to them excellent legal knowledge coupled with good judgement‘
‘Knowledgeable and experienced‘
‘The firm is always accessible, polite and informative‘
‘Hazel Smith is highly regarded for her patience and pragmatic approach’
‘Vicki Unsworth is a rising star of the practice and is prepared to take on high-value matters and turn them around effectively and efficiently’
‘Darren Taubitz and Vicki Unsworth are a pleasure to work with‘
‘Vicki Unsworth is extremely able in court‘
‘Hazel Smith is a force to be reckoned with’
- Successfully represented Alistair Stennett in an Employment Tribunal appeal before the High Court in relation to an unfair dismissal following a protected disclosure.
- Successfully defended a prosecution brought against Island FM under the Data Protection Act for allegedly failing to register as a data processor.
- Representing Sondica in a £55m loss of chance claim against the Isle of Man Department of Infrastructure arising from a rescinded contract.
- Acted for Rex Lewis in an enforcement of a US judgement declaring his St Vincent and Grenadines-settled trusts as fraudulent.
- Instructed by DWF Claims to enforce a contractual jurisdictional clause and choice of law clause concerning a claim resulting from a fatal collision during the 2018 TT races.