Brian Lacy

Partner British Virgin Islands, Jersey
Brian is a brilliant and terrific lawyer Chambers Global, 2022

Overview

Brian is the Head of BVI Dispute Resolution. He is a "formidable" commercial litigation barrister, with considerable experience of civil fraud, insolvency and trust disputes. He regularly appears in the BVI Commercial Court and the Court of Appeal and is "a very strong advocate". He is known for "giving sound and realistic advice, while fiercely fighting his client’s corner and finding creative solutions to advance its interests". His global team of BVI lawyers has been described in the leading directories as being: "exemplary", "a slick operation" and "a tight, well-run group of clever, hardworking lawyers". His cases often involve the Middle East or the FSU.
  • News & publications

  • Background & experience

    Over the past decade, Brian has been involved in cases across the full range of BVI disputes, many of which have actively developed the law in new and positive ways. His areas of significant expertise include:

    • asset tracing/preservation and enforcement, often involving interim injunctive relief or the appointment of provisional liquidators or receivers. He made the first application for the appointment of receivers in aid of an arbitration under the BVI Arbitration Act 2013, in proceedings that ultimately resulted in the successful enforcement of the arbitration award with 100% recovery for the client. Brian is one of only 11 lawyers across all offshore jurisdictions ranked as a "Global Elite Thought Leader" in Asset Recovery by Who's Who Legal
    • civil fraud: Brian is a Fellow of the International Academy of Financial Crime Litigators, in Basel. He and his team have both the experience and resources to conduct complex substantive fraud proceedings, and currently act for BTA Bank in a US$250million+ commodities letter of credit fraud perpetrated on the bank. Who's Who Legal describes Brian as "excellent and very experienced when it comes to complex fraud matters"
    • contentious trusts and probate: for many years Brian has been listed by Private Client Global Elite as one of the top 250 trust and estate litigators in the world. He regularly advises trustees and beneficiaries and has particular expertise in complex, cross-border contentious probate
    • commercial litigation: Legal 500 describes Brian as "the perfect choice for highly complex, hard fought litigation" and as "an exceptional litigator, balancing technical skills with common sense, experience and strong strategic vision". His past cases include the construction of a limited partnership agreement as to the correct allocation of $1billion+ of profit
    • restructuring and corporate recovery: Brian acted for QGOG Constellation, and the provisional liquidators, in the first light-touch liquidation in the BVI. Since that landmark decision in 2019, Brian and his team have worked on multiple light-touch restructurings and schemes of arrangement. Brian also acts for creditors and office holders in formal liquidations, often using the insolvency process as an effective method of judgment and award enforcement. Brian served the maximum four year term as a director of RISA (the BVI chapter of INSOL)
    • shareholder disputes: much of Brian's legal career, in England and in the BVI, has involved unfair prejudice and other forms of shareholder disputes. He successfully represented Microsoft in the first derivative permission claim to be considered by the ECSC Court of Appeal

    Brian joined Ogier as a Partner in 2015. He was previously a barrister with another leading firm in the BVI and before that he was a member of Littleton Chambers, Inner Temple, London. While at Littleton, he was junior counsel for the successful respondents in the seminal six day Court of Appeal hearing of Dadourian Group International Inc v Simms & Others [2009] 1 Lloyd’s Rep 601, concerning worldwide freezing orders; the strike out an appeal for abuse of process/fraud on the Court; causation in the case of deceit; and the status of previous arbitration findings.

     

    Admitted as a barrister in:

    2012 - British Virgin Islands

    2006 – England & Wales (non-practising)

     

    Publications

    Co-author of the BVI chapter of The Arbitration Review of the Americas, 2015.

    Co-author of the BVI chapter of The Dispute Resolution Review, 7th ed., 2014.

    Co-author of the BVI chapter of The Arbitration Review of the Americas, 2014.

    Co-author of Security for Costs and other Court Ordered Security, Jordans, 2010.

    Contributor to Restrictive Covenants and Confidential Information, Brearly & Bloch, Butterworths, 3rd ed., 2009.

     

    Memberships

    RISA (BVI INSOL Chapter)

    British Virgin Islands Bar Association

    British Russian Law Association

    British Ukrainian Law Association

    British Kazakh Law Association

    Hon. Society of Lincoln’s Inn (Scholarships: Lord Brougham; Harwicke; and Kennedy)

    Chancery Bar Association

     

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  • Recognition

    Brian is a brilliant and terrific lawyer Chambers Global, 2022
    He is incredibly knowledgable and very affable Chambers Global, 2022
    He has fantastic client-handling skills, the whole package Chambers Global, 2022
    He's built an enormous international practice and attracts the trust and respect of his clients Chambers Global, 2022
    Team of the Year – Litigation Citywealth IFC Awards 2022
    Grounded and gives commercially driven advice. Who's Who Legal, Commercial Litigation, 2021
    Brian Lacy is a fantastic old hand and rainmaker. Legal 500 Caribbean, 2022
    Leading Individual Legal 500 Caribbean, 2022
    Recommended Who's Who Legal, Restructuring and Insolvency, 2021
    Recommended Who's Who Legal, Commercial Litigation, 2021
    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. Legal 500 Caribbean, 2021
    Excellent and very experienced when it comes to complex fraud matters, offering clients quality and well thought out advice. Who's Who Legal, Asset Recovery, 2021
    Global Elite Thought Leader Who's Who Legal, Asset Recovery, 2021
    Private Client Global Elite Legal Week Private Client Global Elite Directory, 2021
    'Excellent lawyer and strong advocate' who possesses 'good commercial judgement' and a 'powerful reputation in the jurisdiction'. Chambers Global, 2021
    Has an excellent client rapport and is a persuasive advocate in his own right. Legal 500 Caribbean, 2021
    Leading Individual Legal 500 Caribbean, 2021
    Brilliant lawyer Chambers Global, 2020
    Brian Lacy has excellent understanding of Russian and CIS disputes Legal 500 Caribbean, 2020
    Recommended Who's Who Legal Global Guide - Restructuring & Insolvency, 2020
    Next generation partner Legal 500 Caribbean, 2020
    Private Client Global Elite Legal Week Private Client Global Elite Directory, 2019
    Thought leader Who's Who Legal, Global Investigations and Asset Recovery, 2019
    Brian Lacy is highlighted by sources this year as a "very knowledgeable and approachable" practitioner in the market. He is well versed in civil fraud, insolvency and trust disputes. Who's Who Legal, Asset Recovery, 2019
    Recommended Who's Who Legal Litigation 2019
    He is incredibly smart, effective, knowledgeable and always communicating with us. I love his responsiveness Chambers Global, 2019
    I'm hugely impressed; since he stepped in on this case he has transformed where I found myself Chambers Global, 2019
    Has everything at his fingertips and is incredibly knowledgeable. Legal 500 Caribbean, 2019
    He is responsive, creative and a very effective oral advocate. He has great insight. Chambers Global, 2018
    He has an affable style but also has strong views and advice, which is a great combination Chambers Global, 2018
    Really knows his stuff...very intelligent and works extremely hard for his clients Who's Who Legal Asset Recovery, 2018
    Very commercial and quickly grasps the issues at stake Who's Who Legal Asset Recovery, 2017
    He is a knowledgeable lawyer with a sound technical approach to problems. Brian is excellent with clients combining quiet confidence with charm. Client feedback, 2018
    Extremely well prepared, knowledgeable and very creative Chambers Global 2017
    A technically excellent lawyer Who's Who Legal Asset Recovery, 2017
    Charming, efficient, has excellent client-handling skills and a great knowledge of insolvency Legal 500 Caribbean, 2018
    Formidable Legal 500 Caribbean, 2018
    Giving sound and realistic advice, while fiercely fighting his client’s corner and finding creative solutions to advance its interests Legal 500 Caribbean, 2017
    Client-focused, practical and efficient lawyer Chambers Global 2017
    A very strong advocate Chambers Global 2017
    A delight to work with, knowledgeable and excellent at managing client expectations Legal 500, Caribbean, 2017
    Brian Lacy benefits from a strong background in insolvency, civil fraud and asset tracing, and is singled out by clients, who say: 'He is on top of the details and has an instinctive feel of what works well' Chambers and Partners Global 2015
    Recommended Legal 500, Caribbean, 2014 and 2016 - BVI Dispute Resolution