Serle Court retains its status as among the market-leading offshore sets, with extensive expertise across international trusts, probate and commercial work, with members regularly involved in cases at the bleeding edge of the law in this area. Recent prominent cases include Re Cave Cay, which is thought to be worth more than $300 million, in which Philip Jones KC is acting in an injunction application in BVI in aid of arbitration proceedings. Elsewhere within set, Jonathan Adkin KC is involved in a billion-dollar shareholder dispute in the Bermuda Supreme Court in Re Jardine Strategic Holdings Ltd, which concerns an attempt to take private the Jardine Matheson conglomerate, which owns Hongkong Land and Mandarin Oriental. Dakis Hagen KC is known for his wide-ranging offshore practice and sees frequent involvement in high-end trusts and estate litigation in major offshore jurisdictions. Pre-eminent offshore silk Elizabeth Jones KC remains noted for her strong offshore presence and is often instructed on complex, high-profile and high-value international commercial disputes.
The English Bar Offshore in The English Bar Offshore
Serle Court
Les références
‘Nick Hockney is the best clerk at the Bar! He is quick to respond, very commercial and helpful in ensuring clients get the right person for the job.’
‘Charlie Payne is helpful, personable and responsive.’
‘Clerks are first-class, responsive and sensible. Paul Ballard is very good.’
Principaux dossiers
South Square
South Square is well-known within the offshore marketplace as a leading set for financial services, insolvency, company and fraud-related work, with members receiving instructions across a vast range of jurisdictions including the Cayman Islands, BVI, Bermuda and the Channel Islands. Multiple members are involved in ongoing litigation in the Cayman Islands in Port Fund (Cayman Islands) regarding a $100m claim arising from the management of a fund, raising complex questions regarding the duty of the general partner in Cayman Islands limited partner investment vehicles and the circumstances in which limited partners may bring derivative claims. Tom Smith KC and David Allison KC are representing the Kuwait Port Authority, across the table from Felicity Toube KC and Robert Amey who are acting for the Gulf Investment Corporation. In the BVI, David Alexander KC acted in an appeal to the Privy Council in respect of an unfair prejudice and just and equitable winding up application in Ma v Wong. Meanwhile, David Allison KC and Richard Fisher KC were involved in the application for the appointment of a conflict liquidator to pursue litigation in Sian Participation Corporation (In Liquidation) v Halimeda International Limited, a dispute estimated to be worth several billion US dollars arising from the seizure from a port in Russia.
Les références
‘South Square are the go-to set for insolvency matters. They have incredible depth in both silk and juniors.’
‘South Square has an array of sparkling KCs and juniors who are real experts in the fields of Insolvency and Company Law. The clerks are usually able to provide suitable alternatives when my first choice of counsel is not available.’
‘Always very responsive and commercial.’
Principaux dossiers
Wilberforce Chambers
Wilberforce Chambers is noted for being ‘excellent from top to bottom’ and retains its robust offshore reputation for representing international clients on high-profile and complex cases in the Bahamas, Bermuda, BVI, Cayman Islands and the Channel Islands. Prominently, Clare Stanley KC is acting in Kuwait Ports Authority v Port Link, regarding derivative actions brought on behalf of exempted limited partnerships and raising important points of law in relation to security for costs. Robert Ham KC is well-known for his offshore litigation and advisory practice, which emphasises trust law. Gilead Cooper KC is praised as ‘one of the top silks in the international trust and estate litigation world’, while turning to the set's senior juniors, Graeme Halkerston is an expert in offshore and cross-border Chancery litigation, particularly matters in the Cayman Islands and BVI. Anna Littler maintains her broad offshore practice, encompassing fraud claims, company and insolvency issues and trusts disputes.
Les références
‘Always very responsive – Nicholas Luckman, Andrew Barnes and Antonia Matthew in particular.’
‘Great guidance from Nick Luckman and Fraser Geddes.’
‘Nick Luckman is the best known and liked barrister’s clerk in London. Top drawer clerks! User friendly and hugely intelligent, just like their barristers.’
Principaux dossiers
XXIV Old Buildings
‘Pre-eminent Chancery set’ XXIV Old Buildings offers clients a ‘deep bench with consistently high quality’ and demonstrable expertise in offshore jurisdictions including Gibraltar, Bermuda, BVI, Cayman Islands and the Crown Dependencies. Corporate and commercial matters, trust related work and financial based cases are among the core pillars of the set’s offshore offering. Steven Thompson KC was retained for an appeal heard in December 2022 in Ivanishvili v Credit Suisse (Bermuda) Ltd. The case involves a claim by the ex-prime minister of Georgia against a subsidiary of the Swiss bank arising out of the allegedly fraudulent actions of a rogue employee; the bank was ordered to pay over US$600m in damages by the Bermudian court. Head of chambers and in-demand silk Elspeth Talbot Rice KC is very well-known for her broad commercial Chancery practice, appearing in the Isle of Man, Gibraltar, Bermuda and the Cayman Islands, among others. Elsewhere within chambers, offshore commercial cases are a core specialism of Stephen Moverley Smith KC with his practice emphasising restructuring, fraud, corruption and insolvency.
Les références
‘Universally helpful and commercial, Paul Horsfield and his team are a pleasure to work with.’
‘Paul Horsfield is very approachable and also extremely commercial. He really understands the need to maintain good client relations and helps us to do that.’
‘Excellent – James Ladbrook particularly stands out as a first class clerk.’
Principaux dossiers
3 Verulam Buildings
Known in the offshore world as a ‘strong commercial set with a number of excellent counsel’, 3 Verulam Buildings experienced another strong year with members receiving instructions across a breadth of complex cases, ranging from banking and finance disputes to high-profile judicial reviews. Hodge Malek KC , Hefin Rees KC and Philip Hinks are representing MBFX and a MultiBank Group's founder in a large international fraud case where it is alleged that the trading platform fraudulently misappropriated €35m of noteholder funds. Ewan McQuater KC is involved in litigation in the BVI worth $1.5bn, where he is acting for provisional liquidators appointed by the Grand Court of the Cayman Islands seeking to preserve and prevent dissipation of the assets of the business group headed by Global Cord Blood Corporation.
Les références
‘Steve Penson makes sure things are humming.’
‘3 Verulam Buildings clerks have a great business sense and are very responsive to clients’ needs and concerns.’
‘They are a good set of chambers with strength in depth.’
Principaux dossiers
4 New Square Chambers
4 New Square Chambers‘ members frequently handle high-profile, high-value and complex cases pertaining to finance, fraud and shareholder disputes, to name a few, and many instructions fit within the set’s particular area of professional negligence litigation. Heavyweight litigator Justin Fenwick KC is acting for the first defendant in AML Creditor v Madison Pacific & Ors, in which the Bermudian claimant alleges that the defendants conspired to misappropriate companies active in West Africa. ‘Fantastic advocate’ Graham Chapman KC runs a broad commercial offshore practice which emphasizes negligence claims involving trustees, directors, officeholders alongside professionals including auditors, fund managers and lawyers. Daniel Saoul KC remains a key name for business disputes and commercial fraud cases, particularly those spanning multiple jurisdictions.
Les références
‘Dennis Peck is the best clerk in London.’
‘4 New Square are becoming more and more visible in the major litigation offshore with a well-known easy to work with and savvy group of advocates.’
‘4 New Square are a good set, reliable and consistent in quality.’
Principaux dossiers
Fountain Court Chambers
Fountain Court Chambers is known for its ‘in-depth experience in offshore work’ and has a demonstrably strong track record in both the Caribbean and the Channel Islands for banking and finance, commercial litigation, company law and civil fraud cases. Bankim Thanki KC is praised for his ‘surgical and deadly’ advocacy – his recent offshore caseload includes Ieremeieva v Estera, Lagur and Ivakhiv, in which he acts for two Ukrainian businessmen in a BVI dispute concerning the operation of a trust and the ownership of various Ukrainian companies, the value of which is estimated to exceed $800m. Ben Valentin KC‘s offshore practice focuses on the BVI and Cayman Islands and encompasses fraud, insolvency and shareholder dispute cases, among others. In-demand silk Anneliese Day KC appeared before the Privy Council in A & A Mechanical Contractors and Company Ltd v Petroleum Company of Trinidad and Tobago, which considered the application of ‘without prejudice’ privilege to final account negotiations under a construction contract.
Les références
‘Good availability of counsel and good in depth experience in offshore work.’
‘This set has a get theirs hands dirty and sleeves rolled up approach: they think and dig for themselves. Deep bench with a user friendly attitude, alongside fantastic professional development and excellent pastoral nous.’
‘Considerable strength in depth.’
Principaux dossiers
3 Hare Court
Members of 3 Hare Court undertake a broad range of public and constitutional law work in a significant number of non-UK common law jurisdictions, particularly throughout the Caribbean and Gibraltar. Noted for its ‘strength in depth’, the set is known in the offshore market for its involvement in a diverse range of Privy Council cases. One such example saw Thomas Roe KC involved in Chandler v The State, concerning the lawfulness of the mandatory death penalty in Trinidad and Tobago. Rowan Pennington-Benton is known for his Chancery, insurance and insolvency matters in Gibraltar but also receives instructions in the BVI and Cayman Islands, among others.
Les références
‘I often deal with Darren Whitbread who is approachable, friendly and will always try and assist.’
‘Very strong and very good with international solicitors and international clients, including in government. James Donovan is the standout player.’
‘Excellent strength in depth.’
Erskine Chambers
Corporate transactions, restructuring and insolvency, and financial services are the core pillars of Erskine Chambers offshore offering, with members appearing at all levels of the court system throughout the Caribbean. The ‘excellent all round’ David Chivers KC lends his expertise to offshore corporate litigation and company law, in addition to corporate restructuring and insolvency work. Edward Davies KC and Michael Todd KC were involved in Re Northstar Financial Services (Bermuda) Ltd, which saw proceedings in Bermuda concerning two insolvent insurance companies with aggregate deficiency of an estimated $300m.
Les références
‘Always very helpful and professional.’
‘Erskine is a very strong set well known for its expertise in company and commercial litigation matters. The set is excellent with a number of terrific counsel available at varying levels of experience.’
Principaux dossiers
Maitland Chambers
Maitland Chambers is noted as a go-to set for high-profile, civil fraud, commercial and trust matters at all levels of the court systems, including before the Privy Council, with barristers regularly active across all offshore jurisdictions. Richard Morgan KC successfully acted for the claimant in resisting the recent appeal of Credit Suisse against a $607m judgment in Credit Suisse Life (Bermuda) Limited v Ivanishvili. The case involved a claim by the ex-prime minister of Georgia against a subsidiary of a Swiss bank arising out the allegedly fraudulent actions of a rogue employee. ‘Fantastic advocate’ David Mumford KC led an appeal before the Eastern Caribbean Court of appeal in November in Wang v Floreat, a case which sought the winding up of funds worth $500 million. From the set’s juniors, Olivier Kalfon ‘s practice retains its strong offshore disputes emphasis, particularly those in the BVI and Cayman Islands.
Les références
‘The clerks are excellent – very responsive and nice to deal with. John Wiggs and Luke Irons are standouts.’
‘Excellent – John Wiggs is a hero.’
‘John Wiggs is a legend. Very responsive and flexible.’
Principaux dossiers
New Square Chambers
New Square Chambers is highly-respected in the offshore arena for its work representing institutional and corporate clients, alongside ultra-high net worth individuals, on a vast range of instructions covering commercial, company and property law. Head of Chambers Nicholas Le Poidevin KC maintains his strong offshore practice centred on contentious trusts, wills and estates. Simon Adamyk is instructed in a high value unfair prejudice claim, a breach of warranty claim and a fraudulent misrepresentation claim relating to a BVI joint venture company seeking to enforce an arbitration award worth nearly $11bn. Senior junior and respected offshore practitioner Lynton Tucker is known for his extensive offshore trusts experience, principally in the Channel Islands, the Cayman Islands, and the BVI.
Les références
‘Senior clerk Charlie Sherwood is very facilitative and informative. Always gives a quick response.’
‘The clerks’ room has always been most helpful. I have never had anything other than courteous service.’
‘Clerks are always, friendly and easy to work with.’
Principaux dossiers
5 Stone Buildings
Praised as an ‘elite set’ in the offshore world, 5 Stone Buildings is a notable set for traditional Chancery, with the depth of members’ expertise ranging from contentious trusts and probate to family provision claims. Shan Warnock-Smith KC handles major trust and estate cases throughout the Cayman Islands, the BVI and Bermuda. One such recent case included Re Z Trusts, in which Warnock-Smith KC represented the appellant in the Privy Council on a major appeal from Jersey which involved novel questions of law regarding a trustee’s indemnity against reasonable costs and expenses. Penelope Reed KC is noted for her extensive offshore expertise in trusts, wills, probate and related tax issues whilst also seeing involvement in high-profile offshore commercial litigation. Of the juniors, ‘excellent advocate’ and ‘real fighter’ Matthew Paton is well-versed in high-value offshore litigation involving contentious and non-contentious trust and probate matters.
Les références
‘Very proficient with a strong understanding of offshore banking and KYC/AML requirements.’
‘The clerks are accommodating and flexible. I would recommend.’
‘Clerks are efficient, and keep billing simple and effective. Their knowledge of their barristers’ particular strengths and availability is impressive.’
Principaux dossiers
One Essex Court
With a strong presence throughout the Caribbean and Channel Islands, members of One Essex Court undertake a broad spectrum of offshore work encompassing contentious and non-contentious, complex commercial litigation, international fraud and asset tracing, as well as insolvency and financial services litigation. Recent stand-out cases include Re 58.com, where Richard Boulton KC is acting as lead counsel in a multi-billion dollar s.238 merger dispute in the Cayman Grand Court. From the juniors, Andrew McLeod‘s robust offshore practice spans the full suite of high-value commercial disputes involving civil fraud, trusts, company law issues and insolvency.
Les références
‘One Essex Court are right at the top of the tree.’
Principaux dossiers
Twenty Essex
Twenty Essex has a strong track-record in commercial chancery, company, and offshore litigation, with specific expertise regarding contentious trust and probate issues, undue influence, charitable and family company matters, fraud cases and shareholder disputes. Stephen Atherton KC is acting for the petitioner in Evenstar Master Fund SPC v Fang Holdings Limited, a just and equitable winding up petition concerning a company worth approximately $800m. Of the juniors, Joshua Folkard was instructed in Tethyan Copper Company Pty Limited v Pakistan, reportedly the first attempt at enforcing an ICSID award (in this case, $5.9bn) through the BVI courts – the matter settled in April 2023.
Les références
‘Excellent clerking, very responsive and professional.’
‘Chris Theobald and the clerking team are quick, responsive, commercial and sensible on fees.’
‘Deep bench strength.’