Nicholas Burkill

Nick has vast experience representing clients and is described as "an exceptionally good litigator ... one of the most experienced lawyers in the BVI".

Background and experience

Nick "has years of City of London experience as a partner and has carried that pragmatism and excellence over to his BVI practice". His recent experience in the BVI includes:

• shareholder and company control disputes: acted for the successful claimant in IsZo Capital LP v Nam Tai Property Inc in proceedings that resulted in the declaration of a private placement of shares in an NYSE listed company to be void as carried out for an improper purpose after an expedited trial, upheld on an expedited appeal
• asset tracing / preservation and enforcement: acted for claimants and defendants, often involving third party disclosure orders, interim injunctive relief or the appointment of receivers including in support of foreign court and arbitral proceedings
• civil fraud: obtained freezing trust and receivership orders in a fraud claim against an individual alleged to have defrauded the claimant of about US$100 million by usurping the client's beneficial ownership of a BVI company
• contentious trusts: acted in a series of disputes arising from BVI and foreign trusts and foundations including a summary judgment to declare that a trust amendment deed was forged and tracing claims arising from breaches of trust
• commercial litigation: "outstandingly good and is the go-to partner for the most complex cases". Experience includes acting in a number of proceedings arising out of defendants' opposition to the change of control voted for by Nam Tai shareholders resulting in a series of first instance and Court of Appeal decisions determining a range of issues such as the fixing of the record date for the shareholders' meeting in a listed company, the strike out of proceedings seeking to relitigate issues, forum non conveniens, appeals against injunctions granted without notice, recusal, and contempt proceedings against directors of BVI companies resident abroad
• arbitration: in addition to experience of arbitrations under a number of different rules, acted in a series of proceedings enforcing awards or resisting enforcement. Nick is chair of the BVI Arbitration Group promoting BVI arbitration

Nick was appointed by the Chief Justice as a member of the ECSC Rules Review Committee on which he continues to serve. He previously served two terms on the English Rule Committee where amongst other things he was involved in the review of service provisions and the first electronic disclosure practice direction.

Admitted in:
1987 - England & Wales - Solicitor Advocate (civil) (non practising)
2016 - BVI

Memberships:

• Chair of the BVI Arbitration Group
• Founder Anti-Fraud Network
• Fellow of the Chartered Institute of Arbitrators
• Member of the Eastern Caribbean Supreme Court Rules Review Committee
• Member of the Civil Procedure Rule Committee 2002-2008
• Member of the Chancery Court Users Committee 2011 - 2016
• Committee member of the London Solicitors Litigation Association 2003-2012

Recognition:

• Ranked by Chambers UK Guide - Fraud
• Recommended by Legal 500 since 2011
• Recognised as an Expert in Who's Who Legal: Investigation (2018-2019)
• Recognised as an expert in International Who’s Who of Asset Recovery Lawyers (2012-2019)
• Recognised by Super Lawyers UK