Sarah Latham

Sarah is a partner and solicitor-advocate in Ogier's Dispute Resolution team, based in the BVI. She specialises in fraud and asset tracing, trusts and estates litigation, insolvency and restructuring, and commercial and corporate disputes with a cross-border element. 

Background and experience

Sarah joined Ogier in 2020, having relocated to the BVI where she was admitted to the BVI Bar. She qualified as a Solicitor-Advocate in England and Wales in 2021.  

Sarah regularly advises on a wide range of commercial litigation matters, including contractual, corporate and shareholder disputes involving allegations of unfair prejudice.  

Her work often encompasses trusts and estates litigation matters, including acting in an application by trustees for directions in cases involving issues of capacity. She has also acted in matters concerning the enforcement of a foreign judgment or an arbitration award in the BVI, including in the Tethyan Copper Company v Islamic Republic of Pakistan case relating to the enforcement of a US$6 billion arbitration award. She has experience of acting for and against the enforcing party in such cases.  

Sarah's practice also includes acting in a wide variety of insolvency and restructuring matters, including:

• acting as part of Ogier’s team advising the liquidators of Three Arrows Capital in respect of the claims against the directors and founders, which included obtaining one of the largest worldwide freezing injunctions ordered in the BVI 

• representing joint liquidators in applying to unwind a transaction as an unfair preference 

• the cross-border restructuring of six BVI companies placed into "light touch" provisional liquidation 

• advising insolvency practitioners on matters including obtaining sanction to bring legal proceedings, or take other significant steps during a liquidation 

Sarah has extensive experience of applying for and challenging urgent interim relief, including:

• proprietary and freezing injunctions

• Norwich Pharmacal relief

• applications to appoint receivers or provisional liquidators 

She was involved in the matter of Claimant X v A TVI Company, in which one of the first orders under the BVI's new statutory provision for obtaining free-standing interim relief in support of foreign proceedings was granted.  

Sarah obtained her Higher Rights of Audience in 2021 and regularly appears as the sole or lead advocate in matters before both the Civil Division and the Commercial Division of the BVI High Court. She has presented in case management hearings, costs applications, applications to appoint liquidators and return date hearings for interim relief applications. She also assists leading counsel in hearings before the ECSC Court of Appeal.  

Sarah is the co-author of Ogier's consolidation of the Eastern Caribbean Supreme Court Civil Procedure Rules (Revised Edition 2023) and practice directions and has also completed training as an arbitral tribunal secretary with the BVI International Arbitration Centre.  

Prior to joining Ogier in 2020, Sarah was part of the litigation team at a leading London law firm where she gained experience in commercial disputes and property litigation. During this time, she acted for clients in proceedings before the English High Court, Court of Appeal and Supreme Court, as well as in arbitrations commenced under the International Chamber of Commerce (ICC) Rules and the ARIAS UK Rules.  

Sarah is a graduate of the University of Cambridge. 

Admitted in:
2021 - Solicitor-Advocate, England and Wales (non practising) 
2020 - British Virgin Islands 
2014 - England and Wales (non practising) 

Memberships:  

• BVI Bar Association 

• Association of Restructuring and Insolvency Specialists (ARIES)  

• INSOL International (BVI member association) 

• International Women’s Insolvency & Restructuring Confederation (IWIRC)