Dispute Resolution & Litigation

Cains takes a commercial approach to litigation. We are aware that litigation is both expensive and time-consuming; our approach is therefore always to offer realistic and cost-effective solutions and we will explore all potential avenues of negotiation and alternative dispute resolution, where appropriate. Business people need to know that, if they are entering into a process of litigation, they have done so for the right reasons. Our lawyers will help them to evaluate fully the long term commercial implications and the potential options available. Frequently, matters must be handled with very great speed and it is at those times that our litigation experience becomes truly valuable.

The litigation team advises international law firms, in house lawyers at major companies, public authorities and other litigation specialists on the full range of commercial disputes, including shareholder disputes, partnership disputes, civil fraud, joint venture disputes, breach of warranty and professional negligence claims. Contentious matters on which the practice advises include directors' and officers' liability, minority shareholder actions, insurance disputes, trade finance disputes and commercial issues, including defamation, breach of confidence and privacy issues, contempt and intellectual property.

Our advocates have considerable experience of cross border litigation and international arbitration involving the examination of conflict of laws, forum and jurisdictional disputes. We can advise on all relevant aspects of cross-border work including the most appropriate forum for litigating a dispute and taking early pre-emptive measures, such as seeking negative declaratory relief to ensure that litigation takes place in the most appropriate forum for the client. We also act for companies and individuals seeking to enforce foreign judgements in the Isle of Man.

Cains acted for Vadim Schmidt in respect of an appeal to the Privy Council concerning the nature of the rights of trust beneficiaries to obtain trust information and currently act for the joint liquidators of Kaupthing Singer & Friedlander (Isle of Man) Limited.

For more details please contact: Seth Caine, Peter Clucas or Robert Colquitt.