Ogier

Dispute Resolution; Restructuring and Insolvency; Trusts

Partner

Nick has vast experience representing clients in international disputes before the courts and in arbitration. His recent experience in the BVI includes shareholder and company control disputes, asset tracing including preservation and enforcement, civil fraud, contentious trusts, commercial litigation, and arbitration. Nick was appointed by the Chief Justice as a member of the ECSC Rules Review Committee, on which he continues to serve. He has also previously served two terms on the English Rule Committee where, among other things, he was involved in the review of service provisions and the first electronic disclosure practice direction. Shareholder and company control disputes Nick acted for the successful claimant in IsZo Capital LP v Nam Tai Property Inc in proceedings that resulted in the declaration of a private placement of shares in an NYSE listed company to be void as carried out for an improper purpose after an expedited trail, upheld on an expedited appeal. Asset tracing / preservation and enforcement Nick has acted for claimants and defendants, often involving third party disclosure orders, interim injunctive relief or the appointment of receivers, including in support of foreign court and arbitral proceedings. Civil fraud Nick obtained freezing trust and receivership orders in a fraud claim against an individual alleged to have defrauded the claimant of about US$100 million by usurping the client's beneficial ownership of a BVI company. Contentious trusts Nick has acted in a series of disputes arising from BVI and foreign trusts and foundations, including a summary judgment to declare that a trust amendment deed was forged, and tracing claims arising from breaches of trust. Commercial litigation Nick's experience includes acting in a number of proceedings arising out of defendants' opposition to the change of control voted for by Nam Tai shareholders resulting in a series of first instance and Court of Appeal decisions determining a range of issues such as the fixing of the record date for the shareholders' meeting in a listed company, the strike out of proceedings seeking to relitigate issues, forum non conveniens, appeals against injunctions granted without notice, recusal, and contempt proceedings against directors of BVI companies resident abroad. Arbitration In addition to having experience of arbitration under a number of different rules, Nick has acted in a series of proceedings enforcing awards or resisting enforcement. Nick is chair of the BVI Arbitration Group promoting BVI arbitration. Admitted in: 1987 - England and Wales - Solicitor Advocate (civil) (non practising) 2016 - BVI

Chair of the BVI Arbitration Group Founder of the Anti-Fraud Network Fellow of the Chartered Institute of Arbitrators Member of the Eastern Caribbean Supreme Court Rules Review Committee Member of the Civil Procedure Rule Committee, 2002-2008 Member of the Chancery Court Users Committee, 2011 - 2016 Committee member of the London Solicitors Litigation Association, 2003-2012