Litigation and Dispute Resolution

Advocates, Solicitors & Attorneys. An incorporated legal practice

Responsive, commercial and good value for money. M&P Legal is particularly active in clinical negligence and employment litigation.

– Legal 500 (2014 edition)

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Banking disputes

We advise as to bank account disputes, compliance and anti-money laundering issues, disclosure and injunction cases, and all types of banking problems that arise.


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Commercial disputes

Our advocates are experienced in handling all types of corporate and commercial disputes and act for a number of leading institutions both within the Isle of Man finance sector and internationally. We deal with clients from around the world in such commercial disputes and are used to handling all types of cases either as lead advocates or as part of an international legal team co-ordinated from other jurisdictions.


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Contract claims

M&P Legal is involved as counsel in a number of contractual disputes before the Isle of Man High Court at both local and international levels. We represent parties in all types of contract claims ranging from provision of financial services to building disputes and have a track record of achieving results. We advise on the dispute in the round and consider proportionality and principle with our clients.


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Debt recovery

We act on a frequent basis for claimants and defendants in debt cases which, following the introduction of new High Court Rules in 2009, now follow a particular track depending on the value or complexity involved. We can offer fixed price debt recovery actions and have very wide experience of dealing with such invoice claims.


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Environmental law

Our dispute team has experience of disputes involving storm damage, floods, pollution and nuisance, amongst other environmental claims. We advise the largest recycling business in the Isle of Man.


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Financial misselling

We act for claimants and defendants in financial misselling cases. Advocate Damian Molyneux, as a former Independent Financial Adviser, has particular expertise and experience in this area and handles a number of claims arising over investment products being missold to lay investors.


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Foreign judgement enforcement/registration

The Isle of Man has reciprocal registration arrangements for judgments from certain other countries, otherwise the common law enforcement method is used and fresh Manx proceedings can be issued. This can often be coupled with a freezing order application to ensure any Manx based assets do not fly the nest. We have specific expertise of assisting with the enforcement of foreign judgments in the Isle of Man and collecting the monies due from a frozen Manx bank account.


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Fraud and asset tracing

White collar crime can often involve multiple jurisdictions. Our advocates are experienced in dealing with fraud cases and asset recovery and have appeared before the Isle of Man High Court on a number of significant reported cases over the years.


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Injunction work

Being an offshore finance centre, we are used to receiving urgent requests for freezing order applications. We advise on the merits and the procedure of injunction work and conduct the advocacy ourselves as the Isle of Man operates a fused bar and advocates are both barrister and solicitor. We are frequently requested to obtain an Isle of Man freezing order on the back of other such orders in other jurisdictions and are thus accustomed to working under such pressure. We advise too on disclosure aspects and the need for Norwich Pharmacal type relief.


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Inquests

As experienced medical law practitioners, we regularly attend inquests in the Isle of Man as counsel, both in relation to clinical negligence and accident type claims.


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Insolvency

The Isle of Man insolvency regime differs quite substantially from that of the UK and therefore local advice is always necessary. We are involved in a number of high profile Manx liquidations. We have experience of acting for both liquidators and creditors and advise generally on necessary steps to reflect orderly windings up of Isle of Man companies. Many Manx liquidations involve international aspects and we are familiar with working within this structure. We can refer to local accountants if a nominee is needed as liquidator.


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International and offshore litigation

Being an offshore finance centre, the Isle of Man deals with international aspects on a daily basis and our experienced dispute resolution advocates consequently advise clients across the world on disputes that have a Manx angle. We have been involved in high profile international cases both as lead advocate or as part of an international legal team. We have extensive language capability and our team of lawyers have qualifications in a wide range of jurisdictions including Isle of Man, England and Wales, Spain and the Turks & Caicos Islands. We have advocates within the firm who are fluent in English and Spanish, and proficient in French and German. Our Spanish qualified advocate Consuelo Suay is uniquely positioned to advise as to disputes in Spain.


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Medical law/clinical negligence

We have extensive experience in clinical negligence claims and have appeared as counsel before the Isle of Man High Court in the leading clinical negligence case in the Isle of Man. Our litigation head John Aycock has more than 15 years experience of clinical negligence work and is recognised in this field as a local leader. He advises doctors and dentists through their indemnity providers both in regard to negligence claims and professional regulatory issues.


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Personal injury/accident claims

M&P Legal advocates advise daily on accident type claims both for claimants and defendants. We are panel advocates for a number of multi-national insurers dealing with traffic accident, accident at work and other personal injury claims. We are experienced in dealing with accident and other claims that result from the Island's world famous TT motorbike festival. Advocate Damian Molyneux has particular expertise in motorbike litigation and works with specialist motorbike lawyers in the UK to provide a rounded service for locals and visitors alike.


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Professional negligence

M&P Legal has a particular speciality in this area, both for claimants and defendants, relating to surveyors, accountants, lawyers and medical practitioners. Our team is aware of the need for quality expert evidence in this field and has access to a wide network of independent experts both in the Isle of Man and beyond.


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Property disputes

The Isle of Man conveyancing system is different from that of the UK and our advocates have extensive experience of dealing with disputes arising from property transactions in the Isle of Man together with landlord and tenant litigation. We assist local businesses and international enquiries as to regulatory requirements in the Isle of Man including general advice on new business start ups in the Island. Our team also has experience of planning work and can advise on planning permission applications, objections and appeals to the Isle of Man authorities.


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Regulatory

Following the imposition of ever stricter regulation and compliance requirements our team of advocates have been closely involved in a number of high profile regulatory cases having acted for the Financial Supervision Commission of the Isle of Man in a large number of director disqualification cases and advised on a number of other regulatory matters.


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Trust disputes

The Isle of Man is a mature jurisdiction for offshore trusts. From time to time beneficiaries and trustees do not see eye to eye and specialist Isle of Man legal advice is required. We have been involved in significant trust litigation before the Isle of Man High Court and continue to advise corporate and personal trustees together with beneficiaries of family trusts as to rights, duties, obligations and possible claims. This is a specialist area where M&P Legal have particular expertise. Our commercial team can assist in the drafting of trust documentation and the provision of trustees for those interested in establishing or altering an offshore trust.


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Web domain name disputes

As this area of law grows, we have experience of assisting with multi-jurisdictional disputes to ensure the Isle of Man angle is accurate and effective. This includes Manx aspects of a WIPO Arbitration or a UDRP application.


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Contacts