Firm Profile > Ogier > Tortola, British Virgin Islands

Ogier
RITTER HOUSE, WICKHAMS CAY II
PO BOX 3170, ROAD TOWN
TORTOLA VG1110
British Virgin Islands

Dispute resolution Tier 1

Led by 'exceptional litigator' Brian Lacy, Ogier’s dispute resolution team attracts praise for its strength in commercial disputes, fraud matters and restructuring and insolvency work. The group is instructed in a range of asset tracing mandates (particularly for Russian and CIS clients), enforcement proceedings relating to foreign judgments and arbitral awards, shareholder disputes, injunctive relief issues and contentious trust mandates. The team also fields Grant Carroll, international arbitration specialist Nicholas Burkill and Nicholas Brookes, who was promoted to partner in 2020 and has a substantial roster of private clients. Senior associates Ewelina Clyde-Smith and Alexander Muksinov are further names to note.

Practice head(s):

Testimonials

‘Ogier are the standout offshore firm for complex multi-jurisdictional litigation and arbitration. Their lawyers are pragmatic, efficient, and technically very able. Their professionalism and commitment to each case is second to none.’

‘Highly impressive, professional and dynamic outfit. They are constantly growing and have a seriously good reputation within the jurisdiction.’

‘The dispute resolution team at Ogier is first class. They are the go to firm for the most complex and high value cases.’

‘The selling point for us for the BVI Ogier team was their warm and user-friendly manner, teamed with an immaculate knowledge of their practice areas. I phoned round a number of BVI litigation firms seeking assistance with an injunction. Ogier jumped off the shelf with their immediate willingness to help and listen to our concerns.’

‘Grant Carroll was responsive and a delight to deal with. Daniel Mitchell helped us to navigate the complexities of BVI litigation with ease, and was also available for a chat where matters were unclear, regardless of the time difference.’

‘A large, well staffed BVI office with excellent lawyers and support staff, coupled with further excellent BVI lawyers in their Jersey and Hong Kong offices servicing clients local to those areas. All have a wealth of experience in high value, complex multi-jurisdictional litigation.’

‘Nick Burkill has years of City of London experience as a partner and has carried that pragmatism and excellence over to his BVI practice. Nick Brookes is a new partner in the BVI but has years of experience and is perhaps the most knowledgeable person on the island when it comes to the CPR – a determined and fearsome litigator. Brian Lacy has an excellent client rapport and is a persuasive advocate in his own right.’

‘Brian Lacy heads the BVI Dispute Resolution team, and is the perfect choice for highly complex, hard fought litigation. Brian is an exceptional litigator, balancing technical skills with common sense, experience and strong strategic vision. Nicholas Brookes is a newly promoted Partner in the BVI Dispute Resolution team. He is a formidable litigator; combining technical brilliance, with diligence and good commercial sense.’

‘Nick Burkill is an exceptionally good litigator. He is one of the most experienced lawyers in the BVI and has seen everything. Nick Brookes, who has just been promoted to partner, is a star of the future. He is very calm under pressure and a shrewd tactician.’

Key clients

Al Thani (members of the Qatari royal family)

FiHAG

Zorin Khan

King Bun

QGOG / Olinda

Emmerson

Paul Pretlove (as liquidator of certain Madoff feeder funds)

PwC (as receivers of Peckson)

Paraskevaides

Scherbakov family

Banking, finance and capital markets Tier 2

Highly regarded for its capital markets capabilities, the 'extremely efficient' team at Ogier is also instructed on a variety of complex financial reorganisations and reconstructions. Led by Ray Wearmouth, the team advised Constellation Overseas on its $1.5bn financial reorganisation and court-approved creditor scheme of arrangement. Wearmouth also acts as a senior strategic adviser to the Government of the British Virgin Islands on financial services issues. Michael Killourhy specialises in equity capital markets matters, while managing associate Rebecca Clark focuses on restructuring matters. Christian Burns-Di Lauro, who divides his time between the BVI and Jersey, assists a wide range of financial institutions and companies with banking and finance deals, and senior associate David Mathews has particular expertise in fintech and digital asset mandates.

Testimonials

‘I experienced the Ogier Team as extremely efficient with a superb knowledge base and acts as a great partner in difficult situations.’

‘Very responsive group and always well-coordinated among the practice and the firm, including across the various jurisdictions in which they work.’

Key clients

Constellation Oil Services Holding

DNB Bank ASA

International Natural Resources Group

East Stone Acquisition Corp.

HSBC Bank plc

Corporate and commercial Tier 2

Regularly instructed by blue-chip clients, Ogier’s workload spans the full gamut of issues from public and private M&A and high-value joint ventures to complex corporate reorganisations, which are often linked to financial restructurings. Collaborating closely with the firm’s dispute resolution department, the corporate group is spearheaded by public company expert Michael Killourhy, who has considerable experience assisting BVI special purpose acquisition companies. Other names to note include Ray Wearmouth, whose diverse practice includes major corporate transactions, and Rebecca Clark, who is noted for her expertise in cross-border M&A.

Practice head(s):

Other key lawyers:

Key clients

Constellation Oil Services Holdings S.A.

Lenta Limited

Coca Cola Company

Texas Pacific Group

Toys R Us Trust

Hilco Capital

National Energy Services Reunited

East Stone Acquisition Corporation

Noble Oil

Investment funds Tier 2

Dividing his time between the firm’s BVI and Jersey offices, Simon Schilder leads Ogier’s funds practice, specialising in assisting clients with complex fund formations and fund structures. As well as acting as the lead counsel to investment managers, particularly on the fintech aspects of new investment structures including digital asset and cryptocurrency trading, Schilder also advises on regulatory frameworks; he helped draft the Private Investment Funds Regulations 2019, a new regulatory regime applicable to closed-ended BVI funds. Michael Killourhy is also noted for his expertise in investment funds.

Other key lawyers:

Key clients

Appaloosa Management

Graham Capital

Passport Capital

Man Group

Global Sigma Group

AEW Capital Management

Alpine Associates Management

EFG-Hermes

GPS Investimentos

Digital Asset Capital Management

Next Alpha Capital Management LLC

Regulatory and compliance Tier 2

Ogier’s multi-disciplinary regulatory and compliance practice is integrated into the wider firm’s corporate, finance and investment funds departments, with particular expertise in financial services regulation and anti-money laundering compliance issues. As corporate practice head, Michael Killourhy focuses on the regulatory aspects of financing and M&A work; he was a lead adviser to government bodies on the interpretation and application of the BVI's economic substance legislation. Simon Schilder, who divides his time between the firm’s Jersey and BVI offices, frequently advises trust companies and financial services providers on BVI regulatory matters; he is also a former chairman of the BVI Investment Funds Association and the BVI's Securities, Investment Business and Mutual Funds Advisory Committee. Ray Wearmouth is also a key contact for financial services matters, and senior associate David Mathews is strong on regulatory issues arising in the digital assets space.

Other key lawyers:

Key clients

London & Oxford Group (HouseToken Platform)

J.P. Morgan

Take Two Interactive

Western Union

Citco Fund Services

Zedra

IQ EQ

TMF

Citibank

VP Bank (Schweiz) AG

National Energy Services Reunited

The firm: Ogier provides legal advice on BVI, Cayman, Guernsey, Jersey and Luxembourg law. The firm’s network of locations also includes Hong Kong, London, Shanghai and Tokyo.

Legal services for the corporate and financial sectors form the core of the business, principally in the areas of banking and finance, corporate, investment funds, dispute resolution, private equity and private wealth. Ogier has strong practices in the areas of employee benefits and incentives, employment law, regulatory, restructuring and insolvency and property.

Ogier’s corporate administration business, Ogier Global, works closely with Ogier’s partner-led legal teams to incorporate and administer a wide variety of vehicles, offering clients integrated legal and corporate administration services.

Areas of practice

Banking and Finance: advice on all areas of banking regulation, documentations, financing structures, margin lending, NAV facilities, GP/Management Company Facilities

Corporate: extensive experience advising on the establishment of many forms of domestic and cross-border corporate vehicles, investment trusts and partnerships, as well as advising on private placements, initial and other public offerings, mergers and acquisitions, reorganisations, joint ventures and disposals.

Investment Funds: advice on fund formation, structures, regulation, deregistration, termination and ongoing advice to investment funds and managers. Many of the firm’s specialists have played a leading role in developing market practice and drafting progressive funds legislation across a number of our jurisdictions. The firm’s Regional Managing Partner, James Bergstrom is the principal architect of Ogier’s Cayman funds practice and recognized as a leading specialist in the industry. The team has particular strength in advising private equity sponsors and investors on all aspects of closed-ended funds including portfolio company transactions. With the additional support of the experienced fund finance and dispute resolution specialists, the team provide a one-stop-shop for the full funds lifecycle ranging from fund formation, structuring, regulation, corporate governance and investor disputes through to management of liquidity and business interruptions, strategic investor arrangements and wind-down and termination situations.

Dispute Resolution: Ogier has one of the largest offshore teams advising on technical, strategic and procedural aspects across the spectrum of contentious commercial issues and disputes. This includes advice in relation to trusts, funds, companies, shareholder issues, director’s duties, investment performance, banking and other financial transactions. Our team has a pedigree in local and cross-border trust dispute resolution. Ogier counts as its clients a large number of the leading institutional and independent fiduciary businesses offshore. Ogier’s Restructuring and Insolvency team offers legal advice to banks, financial intermediaries and corporates, as well as onshore counsel and other professional services providers in connection with company structures. The firm also has excellent relationships with regulators in the Cayman Islands and the British Virgin Islands.

Private Wealth: The team has extensive experience of advising on the establishment of private trusts, foundations, purpose trusts and other vehicles typically used by private clients, relocation of ultra-high net worth clients to the Cayman Islands and the establishment of complicated trust structures. The team also has a strong focus on succession planning for family owned businesses.

Property: Ogier has particular expertise in complex real estate development, large infrastructure projects and clean energy projects. The team also advises on commercial property portfolio acquisitions and disposals and residential property purchases.

Regulatory: Our multi-disciplinary team can help you navigate these increasingly regulated environments through each stage in the business lifecycle: start up and relocation, operation, expansion and change. Prevention of issues is preferable but where things have gone wrong, we provide effective solutions to clients including banks, major corporates, investment managers, fund administrators, trust companies and private clients. Our team has particular expertise with Financial services regulation, data protection, authorisation, licensing and registrations, anti-money laundering and corruption, cross border investigations and enforcement and risk management. The firm has longstanding and professional relationships with industry regulators in both Cayman (The Cayman Islands Monetary Authority) and the BVI (Financial Services Commission).

Restructuring and Insolvency: Ogier’s team handles challenging domestic and cross-border assignments. Our Restructuring and Insolvency team covers multiple jurisdictions and includes lawyers who specialise in a range of legal disciplines including corporate, finance, litigation and arbitration.

The team advises banks, financial intermediaries and corporates, and have extensive international experience advising on contentious and non-contentious offshore restructuring and insolvency matters. Ogier often advise in conjunction with onshore counsel and other professional services providers in connection with company structures.

Structured Finance: Ogier provides specialist offshore legal advice on all aspects of establishing and operating offshore special purpose vehicles (SPVs) and listing agent services in relation to listings of debt on the Cayman Islands Stock Exchange. The team has in depth knowledge of aircraft and other asset finance, asset backed securities, debt issues, CDOs, CLOs, CBOs and CFOs and set-off and netting advice.

Listings: Ogier has specialist teams offering exceptional levels of expertise to assist issuers wishing to list on the CSX, where Ogier has been a full listing agent since 2004. The CSX specialises in the listing of mutual funds, hedge funds, structured debt securities, Eurobonds, Islamic products, preferred shares, depository receipts, derivative warrants and international equity. The firm is a recognised leader in the industry and has the largest share of Eurobond listings across the Cayman Islands Stock Exchange (CSX). The services provided by Ogier includes helping with the initial listing process and ensuring that all continuing CSX obligations are observed in respect of those listings.

 

Department Name Email Telephone
Corporate
Dispute Resolution
Banking and Finance
Private Client and Trusts
Investment Funds
Structured Finance
Regulatory
Restructuring and Insolvency
Listing Services
Photo Name Position Profile
 Nicholas Burkill  photo Nicholas Burkill Nick has vast experience representing clients in international disputes before the courts…
 Christian Burns-Di Lauro  photo Christian Burns-Di Lauro Christian has represented a wide range of financial institutions and companies on…
 Grant Carroll  photo Grant Carroll Grant is a Partner in Ogier’s Disputes Resolution team. He has appeared…
 Michael Killhoury  photo Michael Killhoury Michael advises on a broad range of corporate transactional matters, with particular…
 Brian Lacy  photo Brian Lacy Brian is the Head of BVI Dispute Resolution. He is a “formidable”…
 Ray Wearmouth  photo Ray Wearmouth Ray is recognised by the leading legal directories as being one of…
Number of resident partners : 7
Number of resident fee-earners : 19
Total number of partners : 70
Total number of fee-earners : 300