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:


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

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.

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.

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.





Contact:


Christian Rocca
Partner


Elliott Phillips
Associate


Mark Zammit
Associate


Jamie Trinidad
Associate