Appleby > Tortola, British Virgin Islands > Firm Profile

Appleby Offices

Appleby
JAYLA PLACE, WICKHAM'S CAY 1
PO BOX 3190, ROAD TOWN
TORTOLA, VG1110
British Virgin Islands
Visit website 1 284 393 4742 1 284 494 7279

Appleby > The Legal 500 Rankings

British Virgin Islands > Corporate and commercial Tier 2

Advising on projects across Asia, Latin America and Africa, Appleby‘s BVI office is regularly instructed on cross-border M&A transactions. Practice chair Jeffrey Kirk  regularly handles multi-million-dollar M&A deals and corporate restructurings, while Andrew Jowett, who divides his time between BVI and Jersey, acts for various blue-chip and private companies in the energy sector. Further notable figures in the team also include Shana Simmonds, who has recently been involved in multi-jurisdictional transactions related to private equity takeovers and fintech companies; and David Clark, who frequently provides support for the team on cross-border financing matters, particularly those with Bermuda connections. ‘Proactive and solution-focused’ M&A specialist Brittany Cummings and Stuart Fee are key names at senior associate level.

Practice head(s):

Jeffrey Kirk

Other key lawyers:

Andrew Jowett; David Clark; Shana Simmonds; Stuart Fee; Britanny Cummings

Testimonials

‘Andrew Jowett and Brittany Cummings – proactive and solutions-focused.’

Key clients

The Baring Private Equity Asia

Shift4 Payments, LLC

Pluspetrol Resources Corporation B.V.

eToro Group Ltd

Orion Resource Partners (USA) LP

Thome Group Holding Ltd

British Virgin Islands > Dispute resolution Tier 2

Appleby leverages the firm's global network of offices to handle a broad spectrum of cross-jurisdictional disputes and remains a key name in the BVI market for shareholder disputes and insolvency issues; it is also active in asset tracing and trust litigation. At the helm of the team is ‘extremely clever’ Andrew Willins, a seasoned practitioner with a strong reputation in insolvency, asset tracing and fraud work. Olwyn Barry excels in insolvency proceedings, debt enforcement work and commercial disputes, cementing her position as a notable figure in these areas, while associate Laure-Astrid Wigglesworth focuses on international litigation. Adding to the group's strength, the firm welcomed Dan Mitchell in July 2023, who made the move from Ogier, further enhancing the team’s capabilities in the insolvency and cryptocurrency spaces.

Practice head(s):

Andrew Willins

Other key lawyers:

Olwyn Barry; Laure-Astrid Wigglesworth; Dan Mitchell; Tamara Cameron

Testimonials

‘Great team and client service.’

‘Andrew Willins – excellent lawyer and advocate.’

‘Best lawyer in BVI -in Andrew Willins, and a very experienced litigation department.’

‘Appleby’s dispute resolution team has great strength in depth. They coordinate well across offices, and are perfectly placed to advise on complex global asset recovery exercises.’

‘Andrew Willins is a star litigator and an outstanding advocate. He leads a team of exceptional associates in the BVI, who can be relied on to run the most complex and contentious disputes.’

‘Appleby has, indeed, one of the strongest dispute resolution teams in the BVI. I can limitlessly describe how good they are. When we instructed them to receive the injunctive relief from the court, they did so flawlessly and promptly: we were absolutely happy with the quality of their services.’

‘Andrew Willins is the engine, brain and goodwill of Appleby’s dispute resolution team in the BVI. Everyone knows him and, I believe, everyone trusts him. He has built a terrific practice, which delivers great results, and he remains hands on. His reputation is impeccable, so is the quality of service.’

‘Andrew Willins is hugely experienced in the BVI and extremely clever. His attention to detail and work ethic is exceptional, married with great common sense and commercial awareness.’

Key clients

Snapper, Basic and Putney

Pakistan International Airlines

Halimeda International Corporation

Pacific Asia Opportunity Fund

Alfa Bank

Victory Success Holdings Ltd

Liquidators of Peak Hotels & Resorts Limited

Liquidators of Peak Hotels & Resorts Ltd

Witel AG

Stockman Interhold SA

Lunan Pharmaceutical Group

Work highlights

  • Acted for Pakistan Airlines in defeating an attempt to enforce a $5bn arbitral award over its BVI assets, in a case which raised questions of public international law.
  • Acted successfully on behalf of Halimeda International at every stage in bringing winding up proceedings in relation to a $200m debt, and in defending conspiracy claims on jurisdictional grounds.
  • Acting on behalf of Pacific Asia in its attempts to recover a $120m judgment against a Chinese dissident, a billionaire now residing in New York.

British Virgin Islands > Banking, finance and capital markets Tier 3

Appleby fields a robust cross-departmental team of specialists, who routinely handle high-profile multi-jurisdictional matters and advise borrowers and lenders on blockchain, cryptocurrency, digital asset and fintech mandates. Another strong focus of the practice is on international asset finance transactions, particularly in the aviation and shipping industries. Managing partner Jeffrey Kirk is also global head of the Islamic finance practice group, while Andrew Jowett’s expertise lies the mining, oil and gas, energy and natural resources sectors. Shana Simmonds is also a key name in the practice with expertise in secured and structured financings and private equity transactions, acting for a range of global and domestic financial institutions and securities providers.

Practice head(s):

Jeffrey Kirk

Other key lawyers:

Andrew Jowett; David Clark; Shana Simmonds

Testimonials

‘The team is very reliable, provides prompt responses to questions and is able to keep track of their deliverables as required. High quality talent all around.’

Key clients

Constellation Oil Services Holding S.A.

Madison Pacific

Wells Fargo Bank, National Association

Deutsche Bank AG

Nebari Partners LLC

First Republic Bank

Apollo Capital Management L.P.

CIFI LATAM, S.A.

Gramercy Sporting Goods Holdings LLC and Banco Santander Peru, S.A.

Orion Resources Partners (USA) LP

First Quantum

Work highlights

  • Advised lenders on a $2bn debt restructuring involving Constellation Oil Services Holding SA and the wider Constellation Group.
  • Advised an ad hoc committee of senior secured noteholders in relation to the deleveraging and reorganisation of commodities trader Noble Group, including the transition of ownership of a significant part of Noble to the noteholders.
  • Acting as BVI and Bermuda counsel for Wells Fargo Bank, National Association in connection with a $400m revolving credit facility.

British Virgin Islands > Regulatory and compliance Tier 3

Praised for its ‘exceptional subject matter expertise and experience in digital assets and fund work’, Appleby‘s BVI regulatory team is spearheaded by Jeffrey Kirk and regularly advises clients in the emerging technologies, virtual asset and data management sectors on a host of regulatory issues related to blockchain, cryptocurrencies and digital assets. ‘Blending regulatory knowledge with commercial savvy’, Andrew Jowett divides his time between Jersey and the BVI and advises on securities and investment business, fintech, blockchain, digital asset and crypto mandates and the tokenisation of real world assets, while counsel Stuart Fee‘s broad practice encompasses the regulatory elements of blockchain-based token offerings, DeFi structures and smart contract projects. Shana Simmonds handles regulatory issues relating to corporate transactions, and senior associate Brittany Cummings is another key name for corporate-related regulatory matters.

Practice head(s):

Jeffrey Kirk; Andrew Jowett

Other key lawyers:

Stuart Fee; Brittany Cummings; Shana Simmonds

Testimonials

‘The Appleby team is experienced, thoughtful and responsive. They are capable of efficiently adapting to the role, regardless of the size. They provide clients comfort through rapid response, clear communication and deft drafting.’

‘Andrew Jowett is an ideal collaborator, blending regulatory knowledge with commercial savvy. Andrew takes pains to achieve consensus yet maintains his independence and direct client relationship. He has challenged assumptions where he believed appropriate but always in a collaborative fashion.’

‘The team has exceptional subject matter expertise and experience in digital assets and fund work, which spans multiple Caribbean jurisdictions. They are also extremely cost-effective.’

‘Andrew Jowett is our go-to attorney in the British Virgin Islands for issues relating to digital assets and fund work. An exceptional lawyer and also provides the most cost-effective legal services we have found in the Caribbean.’

‘Stuart Fee and Andrew Jowett – Prompt responses, understanding our nuanced structure, aware of new BVI rules and how they will apply to us.’

Key clients

Bitfinex

Hyperedge Technology Ltd

LedgerPrime

Tether

Joyfa Inc.

Oanda Corporation

Hidden Road Partners L.P.

Arbelos Ltd

Monetalis Services Limited

Blue Carbon Project

Karate Kombat

Fractal Network Ltd.

Appleby > Firm Profile

The firm: Appleby is a leading offshore law firm. The team of legal specialists advise global public and private companies, financial institutions and private individuals. Appleby is regularly recognised for its integrity and excellent client service, these are the values the firm prides itself on and are at the very core of its business.

Appleby’s global presence allows it to provide timely and comprehensive legal advice at the times that matter most to clients. Appleby is located in the key offshore jurisdictions of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Isle of Man, Jersey, Mauritius, and the Seychelles, as well as the international financial centres of Hong Kong and Shanghai. Appleby works with clients to achieve practical solutions whether in a single location or across multiple jurisdictions. Appleby is a full service law firm providing expert advice across corporate, dispute resolution, property, regulatory and private client and trusts practice areas.

Principal areas of work
Mergers and acquisitions: Appleby’s mergers and acquisitions team regularly works with FTSE 100 and Fortune 500 companies around the globe to help them deploy strategic growth and restructuring initiatives, whether involving single jurisdictions or complex multi-jurisdictional, multi-disciplinary transactions. They actively monitor M&A trends through their half-yearly Offshore-i report and their unique global presence means that they are able to advise clients on complex, cross-border transactions involving the offshore jurisdictions.

Regulatory: Appleby’s regulatory and compliance team is one of the world’s largest offshore, comprised of experts who not only have first-hand knowledge of local regulation, but who have in many cases, helped to shape it. Their team are skilled at putting technical regulatory information and decision-making in a commercial context, and clients know that they can assemble the team to deliver an international service, quickly and seamlessly.

Technology and innovation: Appleby’s multi-disciplinary technology and innovation group comprises experts from each of their ten offices to help businesses meet the new challenges and support clients across a broad range of emerging technologies including blockchain, virtual currencies, ICOs, data protection and financial technologies.

Banking and finance: Appleby’s banking and asset finance team are experienced in all aspects of law relating to banking, ship and aircraft registration and finance, asset backed finance and project and infrastructure finance. They provide advice to major banks and financial institutions, ship and aircraft owners, lessors, and lessees and have deep and trusted relationships with numerous international law firms, shipping groups and financial institutions around the world.

Funds: Appleby’s fund finance team are experts in advising banks and finance providers in the development of sophisticated financing solutions. The team are globally recognized as leaders in the fund finance sector and have advised on a variety of different financing structures involving funds that have ranged from a hundred million to billions of dollars in subscribed investor commitments.

Insolvency and restructuring: Appleby’s insolvency and testructuring team advise directors, institutional lenders, creditors (secured or unsecured), borrowers, or insolvency practitioners in large insolvencies that have offshore or cross-border elements. The team has extensive insolvency and restructuring experience across a wide range of industries, including retail, hospitality and leisure, healthcare, financial services, real estate and manufacturing.

Trust disputes: As family arrangements become more complex, trustees and beneficiaries are frequently being drawn into disputes which lead to court proceedings. Appleby’s talented, experienced and solution driven trust disputes team is committed to delivering the highest possible level of client service and regularly work together across their global locations to provide expert multi-jurisdictional advice.

Employment: Appleby’s specialist employment team provides advice on employment and immigration law to a range of global clients, including banks, financial services businesses, companies and directors, as well as their onshore legal advisers. With close ties to local governments, they are often consulted on, and help to share, new laws brought into force across the jurisdictions in which they operate.

Fraud and asset tracing: Appleby’s fraud and asset tracing team are experts in helping clients to trace and recover assets across international jurisdictions, regardless of where proceedings originate. Their clients include major financial institutions, multinational corporations, government agencies, state-owned corporations and high net worth individuals, who have been defrauded or have received the proceeds of fraud. They also advise directors and officers, and other service providers caught in the fallout of fraudulent activities.

Property: Appleby are a leading provider of property services in Bermuda, the Cayman Islands, Isle of Man and Jersey. Their property team provides expert legal advice on all aspects of commercial and residential property, including sales and purchases, leasing, development and property finance transactions. They are frequently recognised for their experience and excellent client service and are consistently ranked in the top tiers for property work. They regularly work directly with developers, investors, business occupiers, banking institutions and private individuals.

PC&T: Appleby’s private client and trust team provide trust and foundation services to private individuals, families, and fiduciary companies. They advise on all aspects of trust law, including the establishment, administration, restructuring and termination of private, charitable, and commercial trusts and foundations. They act in a personal capacity as Protector, Enforcer and Director (of Private Trust Companies) for a number of discretionary trusts and are frequently instructed by blue-chip trust institutions.

Main Contacts

Department Name Email Telephone
Managing Partner Jeffrey Kirk
Dispute Resolution Olwyn Barry
Corporate Andrew Jowett
Dispute Resolution Andrew Willins
Corporate Shana SImmonds

Lawyer Profiles

Photo Name Position Profile
Olwyn Barry photo Ms Olwyn Barry Partner View Profile
Tamara Cameron photo Ms Tamara Cameron Senior Associate View Profile
Brittany Cummings photo Ms Brittany Cummings Senior Associate View Profile
Stuart Fee photo Mr Stuart Fee Counsel View Profile
Andrew Jowett photo Mr Andrew Jowett Partner View Profile
Jeffrey Kirk photo Mr Jeffrey Kirk Managing Partner View Profile
Shana Simmonds photo Ms Shana Simmonds Partner View Profile
Laure-Astrid Wigglesworth photo Ms Laure-Astrid Wigglesworth Senior Associate View Profile
Andrew Willins photo Mr Andrew Willins Partner and Group Head View Profile

Staff Figures

Number of partners : 5
Number of other fee-earners : 7

Other

Contact : Jeffrey Kirk, Managing Partner
Other offices : Cayman Islands
Other offices : Bermuda
Other offices : Guernsey
Other offices : Isle of Man
Other offices : Jersey
Other offices : Mauritius
Other offices : Seychelles
Other offices : Shanghai
Other offices : Hong Kong