Trustees v Former trustees

A Breach of Trust of an Investment Management Agreement with proceedings in The Channel Islands. Harbour’s funding means the claimant could withstand every last diversionary litigation tactic attempted by the defendant.

Background

A number of investors entrusted their monies with a Channel Islands trust company to ensure it oversaw the investment of those funds in accordance with the investment guidelines. But it failed to do so and, as a result, the monies were diverted into unauthorised activities causing losses to the investors.

At the request of the investors, a new trustee was appointed. But that new trustee had no funds to pursue the litigation against the former negligent trustee because all the funds had been dissipated. So Harbour was approached to fund the litigation. The case is on-going.

Susan Dunn: “The defendant is seeking to make all sorts of diversionary tactical litigation attacks to distract from discussing the main issue, namely how it was negligent in what it did. Harbour is funding the fending off of all these diversionary and costly tactics, until the defendant realises it can no longer hide behind such devices and will need to address the main issue, namely what it did wrong.

The investors who lost a lot of money in this investment scheme did not want to provide additional funding to pursue the funds they have already lost due to the original trustee’s negligence. Harbour is able to fund this case for the long haul.

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