Dispute resolution

Appleby

Appleby houses a go-to ‘dispute resolution team for any complex, high-value litigation in Bermuda’. Commercial disputes involving minority shareholders, fair value appraisal proceedings, director liabilities, and corporate governance form a significant part of the firm’s offering. Insolvency and restructuring litigation is another key area of expertise for the group, encompassing representation in corporate liquidations and multi-jurisdictional restructuring matters. The team is also adept at handling regulatory and trust-related disputes. Practice head John Wasty is an ’an outstanding partner’ who handles ‘the highest value, most complex litigation on the island’, especially contentious insolvency matters. The ’exceptionally talented’ Khiyara Krige has significant experience in (re)insurance disputes, while head of the trusts department Sam Riihiluoma frequently represents liquidators in winding-up proceedings. James Batten is skilled in cases surrounding civil fraud. Hannah Tildesley left the firm at the end of 2023.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

‘I would thoroughly recommend the Appleby dispute resolution team for any complex, high-value litigation in Bermuda. Very well resourced and with many of the best lawyers on the island. Really easy to work with and equally at home managing an international team or slotting into an international team managed elsewhere.’
‘John Wasty - an outstanding partner; in demand for the highest value, most complex litigation on the island. He has the complete respect of his peers and the judiciary, and rightly so.'
'Khiyara Krige - an exceptionally talented lawyer; diligent, across the detail and creative.’
‘John Wasty is the consummate professional. A calming and knowledgeable advisor who can work efficiently with you to find a good path through any conflict or dispute. Very expert in his field but always able to provide sound, practical advice that is tailored to your needs and best interest.'
‘The depth of knowledge within the practice makes it unique. The experience and competence in dispute resolution matters related to our industry are unmatched in Bermuda.’
‘The individuals we work with have extensive experience and familiarity with the subject matter and the Bermuda courts. John Wasty provides invaluable insight and representation on litigious regulatory matters.’
‘Top firm on the company side of s.106 disputes (multi billion dollar multi party disputes arising from Bermuda company mergers).’
‘John Wasty - very experienced, good client skills, understands local judges.'

Key clients

The Estate of Hung Wen-Hsiung
Jardine Matheson Holdings Limited
Over 400 former shareholders in the Bermuda company Nkwe Platinum Limited
Petróleos de Venezuela, S.A.
Bermuda Monetary Authority
Triton International Limited
Sumitomo Pharma UK Holdings, Ltd.
Primary Group Limited

Work highlights

Representing the Estate of Hung Wen-Hsiung in proceedings that are now at the appeal stage and concern whether certain trusts are invalid and whether they are true trusts under Bermuda law.
Represented the shareholders of Jardine Strategic following an acquisition by way of an amalgamation pursuant to section 104 – 109 of the Bermuda Companies Act between Jardine Strategic and JMH Bermuda Limited, and the shareholders who dissented from the amalgamation commenced eighteen appraisal actions in the Bermuda Supreme Court in respect of the price offered to them for their shares as a result of the amalgamation.
Representing shareholders following a majority shareholder takeover of the Bermuda Company New Platinum Limited, as they did not vote for the amalgamation because they did not accept that the company valuations of their shares was fair.