Nicholas Brookes

Partner British Virgin Islands
Outstanding Chambers Global, 2020

Overview

Nick is a barrister with many years’ experience in dispute resolution and litigation in the British Virgin Islands (BVI), in particular in director and shareholder disputes, trust 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 a large and varied range of high profile and high value litigation cases in the BVI.

    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 also appears regularly in the Court of Appeal, both as sole counsel and lead. He has significant Privy Council experience, including permission applications in both the BVI and England & Wales, advisory work on appeals, (uncommon) interlocutory applications before the Privy Council and Privy Council appeals themselves.

    He has substantial experience of the procedure of the Eastern Caribbean Supreme Court throughout all these 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 practitioners. He also sits on the BVI's Civil Procedure Rules committee on behalf of the Bar Association. He has particular procedural expertise on relief in support of foreign proceedings, foreign enforcement, and costs principles germane to the BVI.

    He has particular experience in trust and contentious private client work, notably running 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. Additionally, Nick has extensive experience advising on international information exchange in tax and other financial international investigatory matters.

    He frequently appears in the Commercial Court on contentious insolvency and restructuring matters and advises on the same. 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 is currently the First Vice President of the BVI Bar Association, 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.

    Nick joined Ogier in the BVI in 2014. 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 a Lord Diplock scholar of the Honourable Society of the Middle Temple, in both 2009 and 2010, while undertaking the GDL and the Bar course 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

    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