Commercial and Civil Litigation
The Litigation Team at ISOLAS offers practical and technical
expertise to clients involved in a broad range of disputes.
As you would expect in an offshore environment, these disputes
are often multi-jurisdictional in nature.
Our lawyers – all of whom have trained as barristers
or solicitors in the United Kingdom – have particular
expertise in banking, trusts, company matters, regulatory
matters, insolvency and asset recovery, and fraud and asset
tracing claims. We are frequently instructed to apply
for interim relief – usually in the form of freezing
orders and Norwich Pharmacal orders – in the Supreme
Court of Gibraltar. Due to the international character
of much of our work, we have considerable experience of working
in conjunction with lawyers in other offshore jurisdictions
and in the City of London.
Our Litigation Team offers strategic advice that will enable
you to manage disputes and potential disputes effectively.
We strive to gain a thorough understanding of our clients’ businesses
so that we are in a position to pursue their interests vigorously.
Where appropriate we give careful consideration to alternatives
to litigation, and we have successfully negotiated a number
of settlements through mediation. When recourse to
the courts becomes necessary our lawyers offer strong, determined
representation to secure the best outcome for our clients.
Our expertise includes:
- General commercial litigation;
- Contentious and semi-contentious compliance and regulatory
matters;
- Civil fraud, injunctions and asset-tracing;
- Contentious and non-contentious trusts litigation;
- Shareholder disputes;
- Regulatory investigations and money-laundering matters.
At a domestic level we represent clients in the following
contentious matters:
- Personal injury;
- Contractual disputes;
- Employment disputes;
- Landlord and tenant disputes;
- Judicial Review proceedings.
Our Team has been involved in the following selection of
recent cases:
Recent Cases
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Financial Services Commissioner v A Gibraltar Company CA
concerning the powers of investigation of the
FSC and its ability to pass on information to overseas
regulators making requests for assistance
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Secilpar v Fiduciary CA where the Gibraltar
Court of Appeal set out the principles to be applied
when seeking Norwich Pharmacal disclosure in aid of foreign
proceedings |
TGWU v Secretary of State for Defence and Ministry
of Defence SC where the Supreme Court of Gibraltar
clarified the modern legal basis for asserting jurisdiction
over the UK Government in Gibraltar.
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R v Gibraltar Broadcasting Corporation, ex Parte
Progressive Democratic Party SC where the Supreme
Court set out the legal basis upon which GBC could
exclude a leader of a political party from a broadcasted
leaders’ debate on national television on the
eve of a General Election. |
Secretary of State for Defence of the United Kingdom-v- McWilliams SC Question as to whether the Crown in right of the United Kingdom Government can be sued in Gibraltar in respect of actions in Tort.
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R (on the application of various mental health nurses) v Her Majesty's Coroner for Gibraltar SC
Judicial review of a verdict of unlawful killing by a jury. First verdict of its kind in Gibraltar's legal history. |
R (on the application of Nadine Rodriquez) v The Minister for Housing for the Government of Gibraltar and the Housing Allocation Committee SC
Judicial review of the refusal to permit a joint tenancy to homosexual couple in respect of government accommodation instructed by an interested party, the Equality Rights Group. |
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