We also regularly advise on the applicability of constructive trusts to the proceeds of fraud.
These disputes are typically very complex in nature, requiring expert legal and strategic advice particularly on alternative and often conflicting laws and jurisdictions. Our lawyers are ideally placed to provide that assistance, and have advised clients from a variety of backgrounds on trust related issues including investment trusts, hedge funds, private equity houses, insolvency practitioners, banks and corporates.
Trusts and Funds Management Litigation Team
“They demonstrate the ability to formulate, plan and implement a sophisticated global strategy”
Chambers UK 2020
Graham is consistently recognised by The Legal 500 and Chambers as one of the UK’s highest ranked commercial and banking litigators and has been involved in some of the most significant cases of recent years. Chambers UK describes him as “an intense and effective solicitor with an incredibly client-focused approach” and he has previously been described as “very bright, very hard-working, a good tactician” and “very committed and driven”. The Legal 500 recognises Graham for being a “a leading figure in commercial dispute resolution and widely regarded as a rainmaker.”
Elliott is an internationally recognised barrister and specialises in global commercial litigation and international contentious trusts disputes. He has been recognised in The Legal 500 for his experience in dispute resolution work and is also ranked as a Band 2 individual in both Chambers Global and Chambers Europe for General Business Law: Dispute Resolution — Gibraltar. In 2019 Elliott was recognised as one of the world’s leading private client lawyers and trusts and estates litigators, and was listed in the Private Client Global Elite community. The Legal 500 EMEA Guide recognises Elliott as a ‘Recommended Lawyer’ for dispute resolution in Gibraltar, and notes he “is a specialist in international trusts and estates disputes.”
Trusts and Funds Management Litigation Experience
Acting for a judgment creditor to freeze shares fraudulently obtained using the funds of a judgment debtor company.
Acting for a UK fund manager to prevent early termination of its asset management agreement by a Luxembourg SICAV fund and Italian promoter.
Advising a limited partner of a private equity fund on disputes relating to the investment strategy of the general partner and approach taken to valuation of assets.
Advising the fund managers of the Blue Skye Special Opportunities Fund LLP in a €200 million dispute concerning assets held in Italy following a group reorganisation.
Advising the limited partner of an English limited partnership on claims of negligence, misfeasance, and misappropriation against the general partner.
Acting for an investment vehicle in a dispute before the British Virgin Islands Commercial Court, Eastern Caribbean Court of Appeal and Privy Council relating to a disputed managerial entitlement of approximately $200 million in relation to a $1 billion investment fund.
Advising a private equity house in a dispute with its former joint venture partner relating to a $660 million sale of trust investments.