Skip to content

Thomas Cutts-Watson

Of Counsel

Legal

Guernsey

Thomas  Cutts-Watson

A qualified Guernsey advocate, Tom specialises in contentious and semi-contentious trust matters, appearing for trustees, beneficiaries, protectors and other power-holders, usually with an international or cross-border element. 

Experience

  • Appearing for a Guernsey trustee in defending a specific disclosure application for trust documentation brought by a former beneficiary of a trust (Popat v Popat and Ors [2021]GRC033)
  • Successfully obtaining Royal Court approval for the variation of a trust on behalf of a large number of ascertained but absent beneficiaries, pursuant to a novel area of Guernsey law (section 57(1)(e) of the Trusts (Guernsey) Law, 2007)
  • Advising a beneficiary family branch of a high-value trust (involving historic properties in Milan, real estate in London and companies and structures in multiple other jurisdictions) in relation to the removal / replacement of the trustee.
  • Advising beneficiaries in one of Guernsey's most significant trust disputes including multi-million pound global assets, applications for the removal of trustees/protectors and claims for breach of trust;
  • Representing a corporate trustee in cross-border asset tracing and breach of trust claims brought against it in respect of four trusts, including assets worth millions of pounds in London, Vancouver, Portugal and Kenya.
  • Acting for an HNWI in a professional negligence action brought against an investment bank relating to investments made into Madoff-linked securities.

Background

Tom studied English at the University of Sussex before converting to Law at BPP Law School, London.
 
During his training contract he worked at both Collas Crill and a leading firm in Malta. He was admitted as a Solicitor of the Senior Courts of England & Wales in 2013 and called as an Advocate of the Royal Court of Guernsey in 2020,

"I practise a modern approach to litigation – forcefully and strategically representing client interests without bluster, and always with their ultimate aims in mind."

Expertise

In regulatory disputes there are often fine lines between the usual wrangling with the regulator and something more serious – by matching our mix of experienced contentious and non-contentious lawyers to the particular problem at hand, we achieve better and more efficient outcomes.

As regulatory experts in the British Virgin Islands, the Cayman Islands, Guernsey and Jersey we frequently act on contentious matters and can leverage our experience to help clients achieve the highest regulatory standards and avoid common pitfalls.

We combine pragmatic risk assessment with rigorous legal advice and compliance guidance to reduce exposure and protect reputation, while drawing on our cross-jurisdictional knowledge to design remediation strategies, negotiate with regulators and, where necessary, litigate effectively. 

Our collaborative approach ensures clients receive clear, actionable legal advice that balances regulatory obligations with commercial realities, delivers timely, proportionate solutions and supports remediation plans, helping prevent escalation into more serious enforcement action and preserve business continuity.

Read more

We represent beneficiaries, high-net-worth individuals, trustees, protectors and other power holders in a range of contentious and semi-contentious situations. Our lawyers have been at the forefront of the most complex, high-value private wealth litigation offshore. 

We often deal with novel points of law, creating new and innovative solutions to meet the needs of our clients.

Given the international nature of private wealth, with clients and their assets spread across the world, we work as a joined-up global team so that our clients can benefit from the knowledge and experience wherever they may need it.

With offices in Bermuda, the British Virgin Islands, Cayman Islands, Guernsey and Jersey, our contentious private wealth lawyers combine courtroom skill with discreet client care, advising on jurisdictional strategy, interim relief and complex equitable claims.

Read more

Alongside companies and wills, family trusts are still a very popular tool for estate planning and asset protection – perhaps even more so in the light of the envisaged changes to the UK non-domiciled regime. Family foundations are proving to be a popular new tool for families looking to ensure their wealth and assets are protected for future generations. We establish trusts and foundations for local and international families to preserve family businesses and ensure appropriate succession planning. We work closely with tax advisers in order to ensure that any new family trust or foundation fits with a family's overall tax position and will be a workable long term, cost efficient structure. Discretionary trusts are still the most popular but we can also advise on fixed trusts, will trusts and pension trusts.

Private trust companies (PTC) and private trustee foundations (PTF) are an ideal solution for clients wanting to divest themselves of ownership while still retaining a level of control. A PTC, or its most recent incarnation, the PTF, is a corporate vehicle which is used by a family in place of a professional trustee so that the family themselves can control the board of the trustee and thereby control the underlying assets.

We advise internationally based companies and trustees on the establishment and operation of employee incentive schemes.

We address issues such as the funding and structuring of awards as between sponsoring employer and trustee, treatment of dividend entitlements for share awards and the formulation of the beneficial class of employee benefit trusts (EBTs) having regard to international legal and taxation requirements.

Read more

As the global legal and regulatory landscape becomes ever more complex, managing wealth across generations, succession planning and transferring control of assets has never been more challenging. That's why it's important to work with lawyers who can offer solutions that are tailored to your unique circumstances.

Read more

We live in an increasingly contentious world. When your business is involved in any kind of legal dispute it's crucial to work with lawyers who are hands-on, cost-effective and flexible enough to respond quickly and intuitively to your unique situation and needs.

Read more

News and insights

Collas Crill announces 18 promotions across its offices

Collas Crill has made a number of promotions across its Channel Islands and Cayman offices. The firm has promoted Alex Price to Group Partner and Ben Le P...

Life and careers 16/01/2026
Read now

UAE New Family Business Law

Family businesses hold a prominent and important role in the UAE economy and, prior to this year, have done so without a flexible and robust legal framewo...

Insight 11/09/2023
  • Guernsey
Read now

Executor not arbiter

This article examines the very recent decision handed down by the Bermuda Court of Appeal in the matter of Ingham & Anor v Wardmanet al [2022] CA...

Insight 27/05/2022
  • Guernsey
Read now

Rusnano: An update

In December 2019 the Guernsey Court of Appeal handed down its decision in Molard International (PTC) Limited and Pullborough Int. Corp v Rusnano Capital A...

Insight 24/02/2020
  • Guernsey
  • Jersey
Read now

Guernsey's new discrimination law

The States of Guernsey has unveiled details of its proposals to introduce multi-ground discrimination legislation. It launched a consultation on 9 July 20...

Insight 17/07/2019
  • Guernsey
Read now

Footballer's pension trust

The Royal Court has recently handed down judgment in one of the first local cases that addresses the interaction between family law and trusts law, an iss...

Deals and cases 03/04/2019
  • Guernsey
Read now

Gany Holdings (PTC) SA v Khan

The Privy Council has handed down its decision in Gany Holdings (PTC) SA v Khan and others, which was appealed from the Court of Appeal of the British Vir...

Insight 11/02/2019
  • Guernsey
Read now

RTC and Guernsey Law on Mistake

Everybody makes mistakes. However, when those mistakes occur in a trust context the financial consequences can be significant. This is predominantly the c...

Insight 09/11/2018
  • Guernsey
Read now

Beryl St Clare Le Marquand

The Guernsey Royal Court has handed down what is considered to be the first recorded judgment in Guernsey relating to the registration of a photocopy rath...

Insight 06/04/2018
  • Guernsey
Read now

Hastings Bass doctrine

In two cases from 2018, M –v- St Annes Trustees Limited and In the matter of the Aylesford and Achilles Trusts, the Royal Court embarked on an analysis of...

Insight 19/03/2018
  • Guernsey
Read now

Litigants in person

In a significant decision relating to the duties and rights of litigants in person, the Supreme Court has dismissed an appeal by Mr Mark Barton in the mat...

Insight 02/03/2018
  • Guernsey
Read now

Unexplained wealth orders

Do you have property worth more than £50,000, either personally or on behalf of a client? If so, you could be on the receiving end of a Court Order…. Addi...

Insight 26/02/2018
  • Guernsey
Read now

Guernsey Employment Tribunal

A recent decision of the Guernsey Employment Tribunal has provided valuable guidance in relation to claims of unfair constructive dismissal and, in partic...

Insight 22/11/2017
  • Guernsey
Read now

Recoverability of trustee expenses

In re the Tchenguiz Discretionary Trust, Judgment 49/2017 The Royal Court of Guernsey has handed down its second judgment on costs in relation to the Tch...

Insight 21/11/2017
  • Guernsey
Read now

Have you found 'the one'?

It's a question that potential claimants – including those thinking of making claims against trustees, or any company within a group structure – should as...

Insight 28/03/2017
  • Guernsey
Read now

Removed director: Quorum decorum means court won't restore him

In the recent case of Harlequin Chemicals Ltd et al v Wener Urban and Anthony Saville et al the Royal Court of Guernsey considered the Court's ability to ...

Guide 14/04/2016
  • Guernsey
Read now

Would Uber be stuffed in Guernsey?

Uber, the app-based company which allows users to order car rides on their smartphones, was celebrating recently. On 16th October the High Court ruled th...

Insight 13/11/2015
  • Guernsey
Read now

'Insolvent trust': A misnomer?

'Insolvent trust': A misnomer? Legally, yes. However the Royal Court of Jersey has noted that the phrase is useful shorthand for a situation that may have...

Insight 22/10/2015
  • Guernsey
  • Jersey
Read now

Removal of Protector: In the matter of the K Trust

In the Matter of the K Trust On 14th July 2015 the Royal Court of Guernsey handed down judgment in a case that will be of interest to all trust and fiduci...

Guide 16/10/2015
Read now