Legal Services Dispute Resolution & Insolvency

The Cayman Islands merger regime contains appraisal rights for dissenters permitting shareholders who dissent from a merger to apply to the Court to determine the fair value of their shares.  This is a relatively new and evolving jurisprudence in a highly technical area involving complex valuation evidence.

We have unparalleled experience in this area.  Our lawyers have acted either on the dissenter or company side in every fair value trial which has come before the Cayman Islands Court to date and we are currently acting in the majority of petitions currently before the Cayman Islands Court.

Recent cases include:

• Nord Anglia Education (acting for the Petitioning Company)
• Zhaopin Limited (acting for the Petitioning Company)
• Xiaodu Life Technology Limited (acting for the Petitioning Company)
• E-House China Holdings Limited (acting for the Petitioning Company)
• E-Commerce China DangDang Inc. (acting for the Petitioning Company)
• Shanda Games Limited (acting for the Dissenters)
• Integra Group (acting for the Dissenters)

Our lawyers are experienced in dealing with civil and equitable fraud claims, allegations of unlawful conduct against directors and allegations of money laundering.  Often such allegations form part of a shareholder's claim for minority oppression, an application to appoint provisional liquidators or injunctive relief.

We also have significant experience in actions taken to preserve property and restrain unlawful dealings in assets, for example, by obtaining (or defending) freezing and disclosure injunctions.  We often work with investigators and forensic accountants to identify assets subject to litigation and to adopt strategies to have them retained pending the outcome of a case.

Our market leading Dispute Resolution team regularly advises the construction industry in Ireland, the UK and other jurisdictions, including public and private sectors.

Given the nature of construction disputes, arbitration is frequently the preferred dispute resolution mechanism.  We have significant expertise in this area in addition to expert determination, mediation, adjudication and, particularly, conciliation.  In all of these cases, we perform our own advocacy, obviating the need for outside counsel.

Our Corporate Restructuring & Insolvency team has a preeminent track record.  Whether acting for distressed debtors, institutional lenders or investors, liquidators or other court appointed officers, our team delivers creative solutions to complex problems in multiple jurisdictions.

Often this involves close coordination with overseas counsel in the world's leading financial centres and, where necessary, facilitating cooperation between the relevant courts.

From consensual restructurings and rehabilitations, to contentious and non-contentious insolvency proceedings, we continue to be recognised as a market leader and have acted in countless high profile collapses and crisis events across the globe.

The management of risk and the efficient, effective resolution of disputes is a core part of business strategy.  Our global litigation practice focuses as much on strategies designed to avoid disputes and mitigate risk as it does on active dispute resolution procedures.

Our lawyers practise British Virgin Islands, Cayman Islands and Irish law and provide support and assistance in respect of proceedings in numerous other jurisdictions around the world, where we have valued relationships with the leading international law firms.

Our areas of specialisation include:

• Banking disputes
• Commercial property disputes
• Construction and engineering disputes
• Corporate and commercial disputes
• Employment and corporate disputes
• IP and technology disputes
• Product liability
• Professional negligence
• Public sector and government
• Trust litigation

Our global Dispute Resolution team is able to provide meaningful and focused advice on a number of alternatives to litigation which provide our clients with optimum solutions for effective dispute resolution in commercial matters.

Our team has extensive experience across a broad range of alternative dispute resolution solutions and their successful application in a variety of industry sectors, in addition to familiarity with international arbitration conventions and rules.

Our lawyers frequently deal with arbitration clauses contained within commercial contracts, and we advise on the meaning and effect of such clauses, the enforcement of arbitration awards and the conduct of arbitrations.

Where appropriate, we recommend and participate in mediation and other forms of alternative dispute resolution, such as settlement meetings and bidding mechanisms.

We perform our own advocacy service in such proceedings, saving our clients the cost of hiring counsel to present their cases.  We also provide expert testimony on matters of British Virgin Islands and Cayman Islands laws for use in foreign arbitrations.

Our lawyers have a proven track record of success and extensive expertise in complex, high value commercial litigation advising on every type of business dispute across all industry sectors.

We focus as much on strategies designed to avoid disputes and mitigate risk as we do on active dispute resolution procedures.  We have a reputation for being formidable opponents and smart litigators and use our experience to facilitate your business objectives.

Acting for directors, shareholders and companies across the entire range of corporate and shareholder disputes is a core part of our practice.  We have extensive expertise in advising listed companies on activist investors, dealing with contentious board matters and advising on breaches of shareholder agreements and constitutional documents.

Our dedicated Professional Negligence team has extensive experience in handling high value and complex professional negligence disputes.  We combine an in-depth knowledge of the professions for which we act with knowledge and understanding of the professional indemnity insurance market and policy wordings.  Our team performs its own advocacy, where possible and appropriate, thereby ensuring a continuity of service not available at other commercial law firms.

We have acted for many of the leading professional indemnity insurers and brokers.  We also act in relation to coverage disputes on notification and other policy issues that may arise between insurer and insured.

In addition, we handle claims for and against a wide variety of professionals, including accountants and auditors, insurance brokers and underwriters, financial institutions, IT professionals, investment advisers, solicitors and construction professionals (including engineers, architects, property valuers and surveyors).

We are leaders in the field of investment fund disputes.  Our litigation and investment funds lawyers work hand in hand on:

• Advising funds and their directors on winding down or restructuring funds' affairs

• Assisting creditors, investors, liquidators and service providers in contentious fund liquidations and parallel foreign bankruptcy and regulatory proceedings

• Advising on disputes on subscription terms and the interpretation of side letters

• Acting for funds and service providers on NAV mispricing cases, audit / administrator negligence disputes and claims against directors

• Acting for leverage providers and counterparties to distressed funds

Our team has experience in a wide range of commercial property matters.  We act for clients with diverse property interests, from property developers to businesses with multiple leaseholds to building companies.

We have significant expertise in advising developers and contractors in relation to rights of access and basis of possession tenants and landlords in relation to issues concerning commercial rent review clauses.

The Maples Group has a market leading Tax Disputes practice.  Andrew Quinn and William Fogarty from our Tax team and Robin McDonnell, Kevin Harnett and Eugene McCormick from our Litigation team lead this practice and together form an integrated and technical team of experts with the combined expertise to deal with all aspects of a tax dispute.

We regularly represent and advise on a wide range of tax investigations and disputes with the Irish Revenue Commissioners and overseas tax authorities.  We also advise clients on matters relating to tax disputes or potential disputes, such as cases where there are contractual or indemnity claims with third parties relating to tax liabilities and also matters involving assessing and protecting against tax risk.  In particular, clients approach us to assist them with regard to a tax dispute in addition to or rather than their existing legal and tax advisers in order to address any perceived conflict.

In our experience, tax authorities worldwide have become more assertive in investigating and disputing the affairs of taxpayers.  In Ireland, there have been a number of high profile Irish Revenue interventions in recent times.  For example, in 2018, the Irish Revenue Commissioners issued a tax assessment for €1.64bn on an Irish subsidiary of Perrigo Company plc, an international US listed healthcare group, and in 2019 an assessment against Takeda, the pharmaceutical company, for €398m.

Many Irish tax disputes do not result in public litigation.  Although some of our work is public, such as our representation in the Irish courts, for financial institutions a large amount of our work is undertaken privately and without disclosure.  We have considerable expertise in assisting with enquiries, audits and the negotiation of settlements with tax authorities.  The creation of the Tax Appeals Commission in 2016, which replaced the Appeal Commissioners regime, has created a more formalised and rigorous process for appeals from assessments by the Irish Revenue Commissioners.  Where settlements with the tax authorities cannot be achieved, we work closely with our clients to assist them in the robust pursuit of appeals against erroneous assessments.

Our recent experience includes advising:

• An international financial institution in Irish Commercial Court proceedings regarding the tax treatment of Irish dividend withholding tax.  This was a widely-reported action which resulted in a successful outcome for our client.
• Companies and insurance companies with regard to protecting against potential future tax risk related to a transaction.  This includes both ‘warranty and indemnity’ insurance and specific tax risk insurance.
• An international investment firm with regard to the denial of a tax refund by the German tax authorities to their Irish company in which we utilised European law to successfully obtain the full refund.
• Several investment funds in a tax investigation and settlement relating to directors' fees for non-executive directors.  This involved detailed discussions with the Irish Revenue Commissioners and a subsequent successful settlement involving over 15 individual clients.
• A class action appeal involving over 60 high net worth individuals in a tax avoidance case.  This case broke new procedural ground and resolved a case which, prior to our involvement, had persisted for over 10 years of difficult and costly litigation.
• Several Irish property owners on VAT audits.  In one case, a client had recovered significant amounts of VAT.  The case involved a detailed analysis of Irish and EU VAT legislation and was ultimately resolved in favour of that client.
• Appearing at the Irish Tax Appeals Commission on behalf of clients to dispute cases involving trading status for Irish tax purposes.
• A client with regard to a professional negligence claim against an Irish advisory firm with regard to alleged negligent tax advice.
• Acting on behalf of a financial institution in an international tax dispute involving questions of beneficial ownership and double tax treaty access.

Our lawyers deal with all legal aspects governing the employment relationship.  We advise employers on both contentious and non-contentious employment related issues.

We have significant experience in providing advice on all issues such as drafting and negotiating contracts of employment and workplace policies, advising on the procedures required for successfully completing a disciplinary or grievance procedure, advising employers on the Transfer of Undertakings Regulations especially where the employer is part of a complex group structure, advice on redundancy and workplace restructuring.

For more information on our full range of employment services, please click here

We advise on all steps required to recognise and enforce a foreign judgment or arbitral award in the British Virgin Islands, the Cayman Islands and Ireland either at common law or under statute.

We are frequently engaged to deal with enforcement of creditors' rights in respect of secured debt.

Security enforcement often involves taking steps to enforce share mortgages, or floating / fixed charges and charges over land.  The rules and procedures for enforcement in the British Virgin Islands, the Cayman Islands and Ireland can differ significantly from those in other jurisdictions, particularly the US.

Our team has developed significant expertise with regard to the particular needs of the public sector pertaining contentious matters.

In the construction sector, we have acted for a number of public authorities in respect of litigation arising from public projects.  We are also experienced in advising on public procurement issues, both in the public and private sector.

Our Finance and Banking teams work closely with our Dispute Resolution & Insolvency team, ensuring that you benefit from strategic litigation and disputes advice, founded on extensive experience and expertise of our banking practice.  In particular, we have acted for public authorities on matters involving construction litigation and with the National Asset Management Agency in Ireland on a number of enforcement matters.

Risk management and regulatory compliance principles are constantly changing, internationally and locally.  To protect your commercial reputation and viability, such matters need to be handled competently, efficiently and sensitively.  As the powers, responsibilities and reach of regulators increase, so does the need to ensure your understanding of your obligations and, more importantly, your rights.

Our Regulatory & Compliance group has unrivalled experience in the regulatory, disclosure, enforcement and anti-money laundering fields.  We distill technical issues while maintaining a commercial focus.  We have optimal relationships with key referring firms in the major global centres and regularly advise governmental agencies.

We act hand in hand with our colleagues in the Trusts & Private Client group for trustees, beneficiaries, protectors and other office holders within trust structures in respect of a wide variety of disputes concerning family trusts, unit trusts and charities.

We regularly appear before the British Virgin Islands and Cayman Islands Courts on behalf of major institutional trustees on complex trustee direction applications and have assisted and advised protectors and beneficiaries involved in (or who are contemplating bringing) proceedings before these Courts.  We have also acted in proceedings to restructure trusts and charities.