Seth Caine Senior Consultant
DD: +44 1624 638356
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Seth Caine is a Senior Consultant within our top tier Litigation department, with particular focus on trust disputes, asset tracing & fraud recovery, judicial review and regulatory issues.
He has extensive expertise in relation to shareholder disputes, insolvency and receiverships, interlocutory freezing and disclosure injunctions, trust disputes, jurisdiction issues, doleance/ judicial review, regulatory issues, enforcement of foreign judgments and requests for information from foreign jurisdictions under mutual legal assistance treaties and banking/fiduciary confidentiality issues.
In addition, Seth has advised the Isle of Man Financial Services Authority on enforcement matters in relation to investment business and banking issues and acted for the US Securities and Exchange Commission in the case of Re Poyiadjis in the Isle of Man High Court.
His longstanding reputation is endorsed by his ‘Hall of Fame’ ranking within The Legal 500 for his dispute resolution and litigation work and by his inclusion in the top band of litigators in Chamber and Partners.
Clients consider him to be “one of the leading litigators on the Island” who has “a great manner in Court and gives solid, commercial advice”. Clients have also commented that he provides “excellent service and his negotiation skills were a particular asset”.
Services and Sectors
Click here to view case history:
The Staff of Government Division, which is the Appellate Court for the Isle of Man
Acting on behalf of trustees in successfully obtaining Beddoe Orders in relation to derivative and double-derivative claims brought by beneficiaries on behalf of both the trustees and underlying companies owned by the trustees against third parties, without the consent of the trustees. This is the first case in which the Manx High Court has considered the issue of double-derivative claims.
Excalibur Almaz Limited v Horie
Obtaining an anti-suit injunction on behalf of Excalibur Almaz Limited, preventing the Defendant from proceeding with a $100 million claim in Texas in breach of an exclusive jurisdiction clause in a settlement agreement.
IOTA Violet LLC v Woman LLC
Acting on behalf of Woman LLC in relation to a GBP20 million claim under the Fraudulent Assignments Act 1736 (the Isle of Man equivalent to the English Statute of Elizabeth)
Re UK Secured Finance Fund Plc
Acting for the Isle of Man Financial Supervision Commission in obtaining an ex parte order appointing liquidators provisionally, pending the hearing of a winding-up application in relation to a qualifying investment fund.
Irish Revenue Commissioners re Danske Bank
Commissioners in relation to an order of the Irish Supreme Court directed to an Irish Bank with a branch in the Isle of Man.
Re Kaupthing Singer & Friedlander (Isle of Man) Limited (In liquidation) (“KSFIOM”)
Acting for the liquidators of KSFIOM in relation to a proposed Scheme of Arrangement under Section 152 Companies Act 1931 – Successfully resisting a claim that KSFIOM held funds on trust for depositors in circumstances where transfer instructions had not been carried out – Successfully obtaining directions for the payment of statutory interest to unsecured creditors of KSFIOM, and distinguishing the judgment of the English Court Re Rolls Royce Co Limited  1 WLR 1584.
Barlow Clowes International Ltd v Henwood
Acting for the Receivers of Barlow Clowes in obtaining a charging order in the sum of GBP11million over the beneficial interest in shares held by Peter Henwood.
Barlow Clowes Intl. Ltd v Eurotrust Intl. Ltd
Acting as Manx Advocate for the liquidators of Barlow Clowes International Limited in an successful appeal to the Privy Council concerning liability for knowing assistance in breach of a constructive trust by a third party.
Acting as Advocate for the United States Securities and Exchange Commission in relation to a contested application to register an External Confiscation Order.
Re Manx Ices Limited
Acting for Manx Ices Limited in a case involving restraint of trade and breach of European Community law by departments of the Isle of Man Government.
Acting for the Manx liquidator of BCCI in ring-fencing assets of the insolvent bank and in relation to the duty owed by the Banking Regulator to creditors of the bank.