Dispute resolution

Our litigation lawyers are experienced in all forms of alternative dispute resolution including arbitration, mediation, judicial determination, neutral evaluation and settlement meetings.

The team at AFR has an excellent record of securing the best possible results for its clients, developed over many years’ experience of successfully negotiating satisfactory outcomes. It frequently advises clients with regard to the arbitration process. Our lawyers regularly appear before such tribunals, most particularly in relation to property and building disputes.

AFR has extensive experience of handling complex, multi-jurisdictional, high-value fraud and asset tracing claims for clients. Aside from our offshore experience, we have a strong international workload and regularly act in relation to matters involving overseas jurisdictions. Many of the clients whom we advise are both on island and international financial institutions and service providers. The London firms regularly instruct AFR, recognising the need to engage “hands on” lawyers with practical experience.

AFR has a first-class reputation for advising both on island and international banks and financial service providers on all types of domestic and international banking litigation. AFR represents a number of major international banks. Our banking litigation experience includes: General debt recovery, Letter of credit disputes, Derivatives and financial instrument disputes, Fraud, Investigations and inquiries, Disputes arising from the banker-customer relationship including product mis-selling & Proceeds of crime matters.

AFR has an extremely varied litigation practice, acting for both claimants and defendants in personal injury, medical negligence, trust litigation, and all manner of commercial disputes.

AFR is extremely experienced in representing all medical professionals in clinical negligence disputes. AFR acts in: Claims of medical and dental practice negligence, Representation and legal support at General Medical Council (GMC)/General Dental Council (GDC) proceedings, Advising and assisting in dealing with complaints and disciplinary matters & Providing legal representation and support at fatal accident inquiries and coroner's inquests.

In respect of commercial and contractual disputes, AFR has extensive experience of acting for claimants and defendants at all levels. Our work in this area is wide-ranging, and extends from simple contractual matters arising in Guernsey to large-scale international cases of considerable complexity.

AFR advises on all contentious and non-contentious issues affecting the building construction and land planning sectors, acting for a wide cross-section of the construction and engineering businesses in both the private and public sectors. This gives AFR the expertise to resolve disputes in a straightforward and commercial manner. AFR is particularly strong in arbitration involving leasehold disputes.

Our contentious Trusts and Estates team has a wealth of experience on all aspects of trust and estate disputes, onshore and offshore. AFR regularly advises on the resolution of disputes with a view to avoiding litigation where possible, on the formation of secure trust structures, and provides on-going advice on administrative risk regulation. When litigation is unavoidable we act on cross-jurisdictional court actions and the negotiation of outcomes where differing laws conflict. AFR can advise on: Co-ordinating and managing complex trust and estate disputes, International and cross-jurisdictional trust and succession issues, Claims by and against trustees and personal representatives, including applications for Court guidance, Disputes between beneficiaries, Removal and appointment of trustees and personal representatives, International asset tracing and recovery & Accessory liability issues for the trustee. AFR has an extensive knowledge of the trust laws of a number of offshore jurisdictions and strong connections with local service providers.

AFR has one of the strongest employment teams on the island, regularly preparing cases for the Employment Tribunal and the Guernsey Royal Court. As the majority of employment disputes settle prior to a hearing, the team has considerable experience in negotiating settlements and resolutions. However, in the event that a dispute does proceed, our team will act on all aspects of employment law and practices, representing local and international employers and employees in contentious and non-contentious matters, which includes dealing with contracts of employment, unfair dismissal, constructive dismissal, sex discrimination issues, compromise agreements and termination agreements.

AFR is regularly instructed in connection with injunctive and related matters. AFR is used to acting in conjunction with other law firms from other jurisdictions in a co-ordinated and expeditious manner. All too often time is of the essence and this is when experience really counts. AFR is able to turn out one of the most experienced teams and present matters effectively to the Royal Court. Throughout it adopts a commercial and effective approach to the dispute focusing on the end game for the client.

AFR regularly acts in insolvency and related cases for a variety of clients, from individuals and small businesses to large corporations, including highly complex court actions. The team has experience of advising liquidators and administrators as well as the creditors. It deals not only with insolvency and administration arising in the domestic context but also in the context of wider litigation.

AFR provides a comprehensive service for a broad client base, including leading national and international insurers. AFR has a proven track record dealing with large complex ‘test’ or multiparty actions. The team’s philosophy is based on a flexible and pragmatic approach to ensure all matters are resolved quickly and efficiently to achieve optimum results. Our litigators advised the administrators in the first ever administration of a PCC in the high value and complex case of Messenger. Areas of expertise include: Employers’ and public liability, Regulatory, Fraud and policy, Motor, Public sector, Retail, travel and leisure, Professional indemnity.

AFR is frequently the first port of call for firms specialising in maritime law, the P&I Clubs and other marine insurers. AFR has been instructed in relation to: “The Caledonian Star” (Grounding of a passenger vessel off Alderney), “St. Malo” (Grounding of a passenger vessel off Jersey), “General Grot - Rowecki” (Sinking in the English Channel) & “Never Say Never” (Salvage claim/grounding off Guernsey). There are many other claims, including: “The Flying Christine”, “Jeanette B”, “Chelaris J”, “Howlin Mad”, “Amity”, “Merrymaid” & “M Ray”. AFR also acts for leading trust service providers specialising in services to the owners of various vessels.

How a dispute is resolved is key to securing the right outcome. Mediation is an increasingly common way of resolving disputes and often results in creative solutions which are not otherwise possible by litigation alone. AFR has substantial experience both acting as mediators in disputes, and also representing clients at mediations. We have acted for a full range of clients from individuals to large international companies.

AFR will assist you in maximising your claim for compensation in personal injury cases. Within Guernsey our experience is widely recognised by island medical professionals, key charities, support groups, and most importantly, by the clients we have acted for over the years. Personal accident injuries can be life-changing events not only for the person who has been injured, but for their family and friends. Our experienced personal injury lawyers will assess your case and advise you on claiming compensation including interim as well as final awards.

Professional negligence is a specialist area of law and can be highly technical. If a professional practitioner has failed you in providing an appropriate service, you may have a claim against that professional for the loss (financial or otherwise) that you have suffered as a consequence of the inadequate service provided. Professional negligence is a specialist topic and not an area of general practice for many legal practitioners. This has the effect of reducing the number of advocates who are sufficiently aware of the issues involved to enable them to undertake professional negligence work effectively. AFR understands the range of circumstances in which professional negligence claims can arise. We have that expertise which is reflected in the increasing number of professional negligence cases on which we are instructed and the success we achieve in those cases. Professional negligence is an area which can involve claims against: The legal profession, Accountants, Surveyors, Architects, IT professionals, Financial advisers & Other such professional advisors. AFR has the necessary levels of experience, expertise and resources to provide advice, assistance and representation to clients who believe that they have a claim against a professional.

AFR has extensive experience of advising and acting in complex, often multi-jurisdictional, trust disputes. Although most disputes will involve private trusts, we have been appointed to act on behalf of clients dealing with disputes involving commercial trusts established for investment. Whether they concern claims by beneficiaries to obtain disclosure of trust documents, to secure the replacement of trustees or to obtain compensation from the trustees for breach of trust or advising trustees in relation to defending claims from beneficiaries, AFR has the experience necessary to ensure claims are approached in the best way from the outset to achieve our clients' aims. Contentious probate work, in particular, can be very stressful for clients who may be struggling to deal with bereavement issues at the same time as making decisions on legal issues. We understand those concerns and always aim to give the clearest advice possible and to consider whether our clients can settle without the need for litigation.