Nicholas Burkill

Partner British Virgin Islands
Nicholas Burkill
Nick Burkill is a first-rate litigator. Commercially astute and manages litigation well on behalf of clients Legal 500 Caribbean, 2023
  • Background & 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 $100m 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
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  • Recognition

    Nick Burkill is a first-rate litigator. Commercially astute and manages litigation well on behalf of clients Legal 500 Caribbean, 2023
    Leading Individual Legal 500 Caribbean, 2023
    Recommended Legal 500 Caribbean, 2023
    Nicholas Burkill is outstandingly good and is the go-to partner for the most complex cases. Legal 500 Caribbean, 2022
    Recommended Who's Who Legal, Investigations, 2022
    Recommended Who's Who Legal, Asset Recovery, 2022
    Team of the Year – Litigation Citywealth IFC Awards 2022
    Has deep knowledge and appreciation of all aspects of contentious litigation. Excellent strategist. Excellent team builder. Legal 500 Caribbean, 2022
    Leading Individual Legal 500 Caribbean, 2022
    An exceptionally good litigator. He is one of the most experienced lawyers in the BVI and has seen everything. Legal 500 Caribbean, 2021
    Recommended Who's Who Legal, Investigations, 2021
    Immensely capable as a litigator and produces excellent written and oral advocacy. Chambers Global, 2021
    Has years of City of London experience as a partner and has carried that pragmatism and excellence over to his BVI practice. Legal 500 Caribbean, 2021
    Leading Individual Legal 500 Caribbean, 2021
    Nicholas Burkill brings years of City of London experience to the Caribbean and is a great strategist Legal 500 Caribbean, 2020
    A very good lawyer and a tough opponent in court. Chambers Global, 2020
    Leading individual Legal 500 Caribbean, 2020
    What impressed me was the quality of his work and the sound and practical nature of his advice; as well as his understanding of the local court system Client feedback, 2019
    Recommended Who's Who Legal Guide - Asset Recovery 2019
    Recommended Who's Who Legal Guide - Investigations 2019
    Very capable and doing very well Chambers Global, 2019
    Working very well on a difficult case Chambers Global, 2019
    Nicholas Burkill is instrumental in shaping strategy for clients embroiled in major fraud and commercial disputes. Peers deeply approve of an approach that 'combines force with judgment'. Chambers Global, 2018
    Investigations Expert 2018 Who's Who Legal Investigations, 2018
    Has a very commercial approach Legal 500 Caribbean, 2018
    He is an excellent lawyer and is definitely going to be a big player in the offshore market Who's Who Legal Asset Recovery, 2017
    Recommended Legal 500, Caribbean, 2017
    An enormously experienced fraud litigator, with great depth of knowledge; intelligent and hardworking, with an excellent sense of humour. One of the best around. Legal 500