Stephen Baker
Managing Partner, Jersey
Fund Disputes
Disputes involving investment funds, whether with investors, co-managers, administrators or service providers, can be complex and multi-layered. Your choice of lawyer can significantly shape the outcome.
Problem
From valuation disagreements and governance breakdowns to investor claims and GP/LP tensions, these conflicts can quickly escalate and impact returns, reputation and relationships.
Solved
You need a litigation firm that isn’t conflicted by corporate or transactional work and that has the freedom to act decisively, strategically, and solely in your interest.
We have specialised offshore fund litigation expertise and are able to provide Cayman Islands, BVI and Jersey advice from our offices in those jurisdictions.
Funds Disputes Legal Services
- Investor disputes
- Claims against directors and service providers
- Fraud and mismanagement of assets
- Redemption issues
- Shareholders’ rights
- Valuation issues
- Winding-up and dissolution of insolvent funds
Why choose Baker & Partners?
- Many law firms have deep ties across the funds ecosystem, representing LPs, GPs, and administrators alike. That web of relationships can create conflicts that limit their ability to act decisively in your best interest. Baker & Partners maintains a conflict-free position with no associated financial services business or transactional legal services arm.
- We have funds expertise to call upon in key investment locations and IFCs, providing technical input and credible opinion when case critical.
- Our team of highly skilled and talented disputes lawyers have experience that covers all types of funds.
- We have represented investors, fund custodians, service providers and regulatory authorities on a full spectrum of cases and claims including those of negligence, misconduct, mismanagement, insolvency, regulatory investigations and criminal allegations.
Fund Disputes Representative Work
- Acting for a joint venture party in an alleged breach of trust by two corporate trustees of a Jersey Property Unit Trust. The other JV partner is accused of fraudulently misappropriating trust assets, and the trustees are accused of permitting / failing to prevent this fraud, in breach of trust.
- Acted for an elderly couple bringing a claim against an investment advisor for negligence and poor investment advice. We handled the largest single victim claim which was resolved with the return of £5million to our client.
- Advised a Cayman open-ended hedge fund and its key man on a US$1 billion+ claim following the dismissal of a winding up petition brought by a member of the UHNW ‘Nine Dragon’ family and the discharge of provisional liquidators. The work involved assessing and advising on the loss arising from a cross-undertaking in damages for the period the fund was in provisional liquidation and commencing proceedings to enforce the cross-undertaking. The analysis and advice focused on reconstructing, using contemporaneous evidence, how the key man would have traded during that period – eschewing hindsight and adopting a conservative, evidence-based approach to the key man’s likely trading behaviour.
- Acted for international bank in conducting an independent investigation in response to a serious accusation of internal misconduct and wrongdoing within their investment funds team in Jersey.
Key People
The Baker & Partners team are incredibly responsive and well resourced with great depth.