Trott & Duncan

Firm Overview:
Trott and Duncan Limited is a full service law firm that has quickly become one of the most prominent providers of legal services in Bermuda to both the local and international market. The firm’s lawyers are highly trained professionals with first-class experience in Bermuda and other major jurisdictions. They work for a range of high profile corporate and individual clients, including multi-nationals, financial institutions, SMEs and high-net-worth individuals. The firm works closely with lawyers and other professionals in London, New York and other offshore jurisdictions.

Main Areas of Practice:  

Corporate Finance:
 • The corporate acquisition and USD11 million financing of one Bombardier Challenger 300 aircraft, including negotiating and liaising with lawyers in 6 affected jurisdictions in Bermuda, the UK, Africa and Asia

Hedge Funds:
• Represented Receiver and Provisional Liquidator of segregated accounts company involving issues of insolvency, allocation of assets and liabilities between share classes, priorities 
• In the matter of Kingate Management Limited [2011] No. 301. Winding-up petition presented by the Company acting on behalf of its shareholders – all directors resigned – no winding-up order sought on appointment of the JPLs – locus standi of JPLs to pentition for winding-up of the company - independent jurisdiction of the court to make a winding-up order.

Trusts:
• In the matter of an Application by X Trust Company Limited in relation to the Y Trusts [2012] [Confidential] - Acted as counsel for the Institutional Trustee in relation to a successful but contested application for directions by the Trustee arising out of an Originating Summons for a Category 2 blessing. The beneficiaries and protector contended that the proceedings should be dismissed or stayed before the Trustee had the opportunity to obtain a Category 2 blessing from the Court. Confidential reasons for the decision were circulated to the parties by the Bermuda Court. The issues involved were whether the Protector had in fact directed the Trustee to discontinue such proceedings, or had the power to do so, and whether the Trustee was entitled to seek a Category 2 blessing given the wide scope of the Trustee Indemnity Clause. 
• In the matter of a Trust [Confidential] -Acted for beneficiaries under a trust in relation to an application for an injunction to prevent the pursuit of proceedings by another beneficiary against the Trustee, seeking disclosure of information about the underlying trust asset. The issues involved the interpretation of a jurisdiction and governing law clause under the Trust Deed, and alleged breaches of confidentiality orders and settlement terms. 
• In the matter of the W Trust [Confidential] – Trust proceedings involving several international litigants and counsel spanning the United States, Switzerland, the United Kingdom and Bermuda. The firm acted as counsel for minor and unborn beneficiaries in relation to a successful application to the Supreme Court by the Bermuda based Trustee for the blessing of a billion dollar transaction involving the sale of Trust assets and the subsequent division of the Trust. The main issues included whether the transaction was in the best interests of the minor and unborn beneficiaries and in particular, the appropriateness of the sale price and the new administration of the new Trust.

Insolvency:
• Acted for the Director of Gerova Financial Group Limited in relation to an appeal of a winding up order involving issues of agency, standing to present a winding up petition, real and substantial cross claims, the validity of an assignment of interest, abuse of process and champerty 
• Acted for Fletcher International Limited, subject to Chapter 11 proceedings in the United States Bankruptcy Court for Southern District of New York, against proceedings commenced by a purported shareholder in Bermuda in violation of the automatic stay under the chapter 11 proceedings. Issues involved the validity of a purported transfer of shares, legal and beneficial interests, and a potential injunction to restrain the requisition of a special general meeting to replace the Board.

Commercial:
• Acted for minority shareholders of Viking River Cruises Ltd in relation to a majority shareholder buyout at an alleged undervalue pursuant to the Companies Act 1981

Matrimonial:
• In the matter of A v A October 2011. Acted for Husband. Wife’s application for lump sum after a 7 year marriage Court had to have regard to whether land gifted to husband was intended to be a joint gift to both husband and wife. Court ordered no, wife’s claim did not extend to the gift, thus reducing wife’s lump sum entitlement. 
• In the matter of S v S February 2012. Wife pursued arrears of maintenance for tertiary education from a previous court order. Court ordered that husband was to pay in full on or before a certain date, failing which, husband’s monthly payments to increase substantially regardless of subsequent debt. Court ordered that obligations towards maintenance were to be considered always as a prior charge. 
• In the matter of A v A- June 2012. Acted for Mother. Father’s application to remove children permanently out of the jurisdiction, where he had no real direct physical contact since relocating to the US. Judge ordered that it was not in the interest of children to be removed at this time. Application was denied.
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