Nicholas Brookes

Partner British Virgin Islands
Nicholas Brookes, one of the BVI litigation partners, is, simply put, one of the best commercial litigators around. He is exceptionally bright, insightful, and has a keen eye for detail. He is also incredibly diligent, and really goes the extra mile for his clients Legal 500 Caribbean, 2023

Overview

Nick is BVI office head of Dispute Resolution. He is a barrister with more than a decade's experience in dispute resolution and BVI litigation, in particular in director and shareholder disputes, trust and estates litigation, insolvency, fraud and asset tracing, and general corporate and commercial disputes. He formerly worked as a commercial and chancery barrister in London.
  • Background & experience

    Nick has worked on and appeared in some of the largest high profile and high value litigation in the BVI with Ogier since 2014.

    He has extensive trial experience in the Commercial Court, such as Mark Byers & another v Chen Ningning (part of the Pioneer Freight Futures international litigation), Play La Inc. v NFC Data Inc, and King Bun Limited & others v Lau Man Sang, James & others. He appears regularly in the Court of Appeal, both as sole and lead counsel. He also has significant Privy Council experience.

    He has substantial experience of the procedure of the Eastern Caribbean Supreme Court throughout all of its tiers, having co-authored a collated version of the ECSC CPR, used by the Commercial Court, High Court and Court of Appeal in the Eastern Caribbean, as well as other BVI practitioners and London counsel. He has sat on the BVI's Civil Procedure Rules committee on behalf of the BVI Bar Association. He has particular procedural expertise in relief in support of foreign proceedings, foreign enforcement, and costs principles germane to the BVI.

    Nick has a specialism in trust and contentious private wealth work, with a deep understanding of the international holding structures in trusts and estate law and their implications for litigation in the BVI. He notably ran the BVI aspect of Gany Holdings (PTC) SA v Khan and others [2018] UKPC 21, including successfully both in the Court of Appeal and Privy Council stages. He has also appeared in BVI aspect of the Scherbakov Estate case (Claim no. BVIHC (COM) 2018/134) and ran the Al Thani dispute (BVIHCVAP2021/0001) successfully at first instance and in the Court of Appeal, as well as working with a large number of other ultra HNW individuals and families. Additionally, Nick has extensive experience advising on international information exchange in tax and other financial international investigatory matters.

    He also has significant experience of contentious insolvency and restructuring matters. This insolvency work invariably has a cross-border dimension and regularly involves urgent relief, working on some of the earliest provisional liquidations to occur in the BVI in the China Fisheries litigation.

    Nick regularly advises on and appears as counsel in an array of interim matters, including applications for receiverships and injunctive relief, Norwich Pharmacal relief, cross-border and conflicts of laws related applications, and other general interlocutory work.

    He was a member of the BVI Bar Association Council for more than four years and more than three of which as First Vice President, having previously acted as Treasurer. He established a Bench and Bar advocacy program with a former Commercial Court judge and has assisted in the Bar Association's pro bono clinic in the BVI, and set up a practitioner seminar program for Bar members between 2020 and 2021.

    He was called to the Bar of England and Wales in 2011 and began his legal career training in the pro bono sector in London. He took pupillage in a leading commercial set in London and moved into general commercial and chancery work. He was twice a Lord Diplock scholar of the Honourable Society of the Middle Temple in 2009 and 2010, while undertaking the legal diploma and Bar exams in London. He holds an MA from Cambridge University where he took a first and was a scholar of his college. Before entering the law Nick's background was in public relations.

    Admitted to:
    2011 - England and Wales (non practising)
    2014 - British Virgin Islands

    Memberships:
    RISA (BVI chapter of INSOL)
    Honourable Society of the Middle Temple
    BVI Bar Association

     

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  • Recognition

    Nicholas Brookes, one of the BVI litigation partners, is, simply put, one of the best commercial litigators around. He is exceptionally bright, insightful, and has a keen eye for detail. He is also incredibly diligent, and really goes the extra mile for his clients Legal 500 Caribbean, 2023
    Next Generation Partner Legal 500 Caribbean, 2023
    Recommended Legal 500 Caribbean, 2023
    A real asset to any litigation team. Legal 500 Caribbean, 2022
    Team of the Year – Litigation Citywealth IFC Awards 2022
    Next Generation Partner Legal 500 Caribbean, 2022
    A star of the future. He is very calm under pressure and a shrewd tactician. Legal 500 Caribbean, 2021
    An up-and-coming star who is committed and efficient. Chambers Global, 2021
    Up and Coming Chambers Global, 2021
    He is a formidable litigator; combining technical brilliance, with diligence and good commercial sense. Legal 500 Caribbean, 2021
    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. Legal 500 Caribbean, 2021
    Next Generation Partner Legal 500 Caribbean, 2021
    Outstanding Chambers Global, 2020
    His knowledge of the law in general is just great. Chambers Global, 2020
    Great attention to detail. Chambers Global, 2020
    An invaluable member of the team. Chambers Global, 2020
    A real rising star. Chambers Global, 2020
    Associate to Watch Chambers Global, 2020
    Great knowledge of rules of practice and procedure Legal 500 Caribbean, 2020
    Rising star Legal 500 Caribbean, 2020
    Will always go the extra mile for clients Legal 500 Caribbean, 2019
    Next generation lawyer Legal 500 Caribbean, 2019
    Recommended Legal 500 Caribbean, 2018