Litigation overview

Withers is a litigation powerhouse with dispute resolution constituting a significant part of the firm’s overall business.

Our BVI office is staffed with specialist BVI litigation lawyers who have strong experience of litigating in the British Virgin Islands Courts. Our litigation solicitors are dual qualified in both the British Virgin Islands and England and Wales, and we have solicitor advocate experience in-house.

We have a specialist team of lawyers who handle offshore and onshore litigation, spanning jurisdictions where required. We frequently co-ordinate multi-jurisdictional litigation or advise clients ‘behind the scenes’ in individual jurisdictions.

Our practice in the BVI focuses on a number of key areas, namely:

  • Fraud and asset tracing
  • Shareholder disputes
  • Insolvency
  • Fund litigation
  • Commercial and banking litigation
  • Trust disputes
  • Arbitration, ADR and Mediation

Where required, we have the ability to assemble a large team of specialists who can move with the job working remotely or on site. With over 400 lawyers worldwide, we have the critical mass and expertise to deliver an expert team.

BVI Cases Highlights / BVI Experience

  • Representing the Joint Liquidators of Kingate Global Fund Limited and Kingate Euro Fund Limited. These funds were some of the largest institutional investors into the fraudulent ponzi scheme run by Bernard L Madoff Investment Securities LLC. The funds suffered huge losses in excess of US$1 billion.
  • Advice regarding applications for interim relief to preserve and recover fraudulent or stolen assets. This includes advice on freezing, Norwich Pharmacal and receivership orders.
  • Advising a mutual fund in connection with a large breach of contract and negligence claim in the BVI Commercial Court against a corporate administrator arising out of the 2008 worldwide financial crisis.
  • Representing a hedge fund administrator in defence of two multi million dollar claims relating to breach of duty brought by the liquidator and investing shareholders in a fraudulent hedge fund.
  • Representing a client in defence of a multi million dollar claim for restitution brought by the liquidator of Fairfield Sentry Ltd, the largest institutional investor into Bernard L Madoff Investment Securities LLC. We have a strong track record of success in defending our clients’ interests.

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