Our services. Litigation
Focused and pragmatic legal solutions from commercial litigators.
The Isle of Man being one of the world’s most respected international financial centres, its courts play host to an increasing number of complex and high-profile commercial business disputes. Acting for a broad range of international and Isle of Man clients, this is the arena within which our reputation has long been established as the leading litigation team on the Isle of Man.
Our Litigation lawyers have unrivalled experience in handling a wide range of high-value and complex commercial and corporate disputes, insolvency matters, trust disputes, fraud recovery and asset tracing claims. Many of the cases in which we have been involved have resulted in the development and clarification of Isle of Man law by the Isle of Man courts. In addition, our highly skilled team regularly provide financial services and regulatory advice to our clients and can assist with white collar prosecution and defence work.
We can provide mediation services and advice, for when an alternative approach to resolving a dispute is preferable.
Our Litigation lawyers are consistently recognised as leading individuals by international legal directories, The Legal 500 and Chambers and Partners. Clients include a solid list of multi-jurisdictional companies, financial institutions, public bodies, high-net-worth individuals and international law firms.
Banking and Finance Disputes
Cains are legal panel members for a number of Isle of Man banks. Our Litigation specialists advise these clients and a number of private banks on a broad range of bank account and security enforcement issues.
We have particular expertise advising banks in relation to their suspicious transaction reporting obligations. We also assist our clients with their response to freezing and other disclosure orders served in respect of a customer of the bank.
Commercial and Corporate Disputes
Our leading team act for an expansive portfolio of clients in respect of a wide range of commercial and corporate disputes. Within the corporate sphere, we regularly advise upon claims relating to shareholder and minority disputes, corporate governance and corporate fraud matters.
Other more commercial type cases include issues arising out of the provision of professional services and advice across a range of sectors and disciplines. The experience and skills gained from resolving these cases are transferable across the whole range of corporate and commercial disputes that occur.
In collaboration with our Employment team, we have experience of litigating substantial employment cases before the Isle of Man High court and the employment tribunal.
We have a proven track record in resolving cases before proceedings become public and our litigation lawyers are adept at negotiating settlements and advising on strategy in such matters.
The Data Protection Act 2018 introduced fundamental changes of emphasis for people and businesses controlling and processing data. As a consequence, this is an area where we see an increasing number of clients requiring advice and guidance often arising as part of some wider transaction. We have experience of dealing with Data Subject Access Requests, and our team always strive to offer practical and pragmatic advice, in the context of what are often difficult and sensitive background circumstances.
Our Data Protection team offer a tailored approach dependent on our clients’ needs, so advice can be given on standalone basis or in conjunction with advice from our other specialist areas.
Fraud and Asset Tracing
In recent years, our renowned litigators have been involved in many of the high profile fraud and asset-tracing cases. The team has played a vital role in the Isle of Man courts’ shaping and development of Isle of Man law, as these cases moved through the court system.
Urgent applications for freezing injunctions and disclosure of documents are commonly seen in this area of work and we are experienced in successfully obtaining and challenging these types of orders. Our Litigation team have also been active in dealing with the investigation, management and resolution of complex fraud cases, often with a cross-border and international element.
Clients dealing with these sorts of cases require rapid advice that is soundly based and pragmatic. Our lawyers are well placed to provide this service, based upon their substantial experience of these scenarios.
Insolvency and Corporate Reconstruction
Our Litigation lawyers have notable experience handling challenging local and cross-border insolvency and corporate reconstruction cases across a wide range of sectors, particularly financial services.
From the bringing of the initial winding up claim, through to a conclusion of the liquidation, we have been recognised as the go-to firm for handling both contentious and non-contentious restructurings and insolvency proceedings, acting in numerous high profile local and cross-border liquidation matters for creditors, regulators and liquidators.
Our lawyers have been at the forefront of the development of Isle of Man insolvency law before the Isle of Man courts.
We are regularly instructed to advise on substantial schemes of arrangement as well as debt and capital restructuring.
Known as “doleance” claims in the Isle of Man, our experienced litigation team have been involved in a number of these cases across the years. We have an established track-record in handling public law matters, having acted for and against government departments, local authorities, administrative bodies and tribunals on a range of matters where decisions of public importance are being challenged.
Increasingly, we are recommending to clients the potential benefits of trying to resolve cases by way of mediation. Where appropriate and advisable, significant time and costs can be saved if an acceptable compromise is reached. Our lawyers have acted for a number of parties involved in mediations, and have appeared as counsel at mediations.
We are also able to offer mediator services to parties in dispute. Robert Colquitt is an ADR Group certified mediator and has successfully mediated a number of cases.
As the Isle of Man continues to expand its population and business community, inevitable tensions arise in respect of the proposed development of our finite land and property resources.
Having represented the Isle of Man Government and private individuals in contentious planning cases, we have experience of acting in both large and small contested planning applications and disputes.
Our expert team have a strong reputation in the field of regulatory work. We have a long-standing history of instructions from the Isle of Man Financial Services Authority (the “FSA”) and many leading Isle of Man businesses, in all the key regulated and designated business (DNFBP) sectors.
Increasingly we act on behalf individual and corporate clients involved in investigations and disciplinary proceedings brought by the Island’s regulators, as well guiding clients on best practice to avoid facing regulatory investigations. In an ever evolving landscape of anti-money laundering legislation, our clients regularly look to us to help them understand and comply with their anti-money laundering obligations.
Trust Disputes and Litigation
Whilst the nature and value of trusts vary significantly, when problems arise relating to any trust they are often of a similar nature.
Our litigators have extensive experience of advising trustees, beneficiaries and protectors in relation to their duties and rights in respect of the affairs of the trust in question. We regularly work in collaboration with trust professionals and providers, leading international law firms and specialist counsel in respect of issues relating to complex and high value trust structures.
Given the competing interests, difficult but important questions arise relating to the careful management of actual or potential disputes, and also as to significant events in the life of the trust. Often, we work with clients to avoid matters ever going to court; however, we are highly experienced if court applications are required and advisable.
White Collar Crime and Money Laundering Investigations
Unusually for the Isle of Man, we have both prosecuted and defended complex white collar crime matters. We also have considerable experience of clients in terms of Proceeds of Crime Act issues and the Island’s suspicious activity reporting regime.
Our litigation team have first-hand expertise in navigating clients through the Island’s restraint and confiscation legislation regimes, for both local and international matters.
Our unmatched industry experience, gained over many years in both the public and private sectors, has led to our lawyers contributing to the Isle of Man chapter of Butterworth’s International Guide to Money Laundering, Law and Practice.
Our team of experts.
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David Doyle CBE
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