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Band 1
Provided by Brian Simms KC
Brian Simms KC is Senior Partner at Lennox Paton and heads its Litigation & Dispute Resolution and Insolvency & Restructuring Groups. His practice covers commercial litigation, trust disputes, insolvency, asset recovery and fraud. Further, he has vast experience in the Supreme Court and Court of Appeal, in addition to having appeared several times in the Privy Council. Brian is undoubtedly one The Bahamas’ most highly regarded litigators and is instructed in the most substantial Bahamian and international offshore cases. He is frequently called upon to form part of a team of international lawyers from onshore and offshore jurisdictions. Brian has been consistently ranked Band 1 in Chambers Global: Dispute Resolution for many years, as well as being ranked Band 1 in Chambers High Net Worth Guide which focuses on the international private wealth market.
Some of Brian's career highlights include:
- An Honorary Fellow at the Institute of for International Legal Studies
- Appointed Queens Counsel in 2009
- Served as Acting Judge of the Bahamas Supreme Court 2015
- Member of the Bahamas Bar Association
- Previous Member of the Bahamas Bar Council
- Former chair of the Bar and Bench Committee
- Member of the Bahamas Constitutional Commission
- Overseas Member of the English Chancery Bar
- INSOL
- Honorary fellow of the Institute for International Legal Studies
- Served on the Bahamas Constitutional Review Commission
- Acting judge of the Bahamas Supreme Court in 2015.
Brian C. Simms QC, Recent Developments in Offshore Trust Litigation, Conference paper for the New York State Bar Association (2016)
Brian C. Simms QC and Hon. David Hayton, Vulnerability of Offshore Trusts – Recent Developments, published in the conference materials for the Offshore Alert Conference held in Miami, FL (May 2012)
Brian C. Simms QC, Attacks On Offshore Trusts, Conference paper for the New York State Bar Association (2010)
Brian C. Simms QC, contributing author to: Insurance Law and Regulations, edited by Dennis Campbell and published by Oceanic Press. Authored chapter on Bahamian law (2009)
Brian has been called upon to participate in and lend his expertise to both local and international speaking engagements.
2020
- Private Client Global Elite: Trust & Estates Litigation Forum (Marrakech, Morocco)
Brian spoke in the session: ‘Conflict of laws: Exclusive jurisdiction clauses in trusts’, which took place on Friday 28 February 2020.
2019
- INSOL & Risa: One Day Joint Seminar (Nassau, Bahamas)
Panelist on ‘Where do I go for the best chance of recovering value for stakeholders?’
The panel discussed recent decisions relating to clawback claims and the obstacles involved in bringing such claims, addressing the powers and remedies available to officeholders in each jurisdiction.
- OffshoreAlert Brazil 2019 (Sao Paulo, Brazil)
Panelist on ‘Asset Recovery Latin America: Tips From The Experts’
Leading international fraud and value recovery attorneys discussed emerging and dominant issues that impact the ability to be successful and effective in Latin America.
McGill University
Exeter University
Client Choice Award
Lexology
2020
Cromwell Trust Company Limited (CTCL)
- Represented the Trustee in a preliminary determination of the scope and validity of a no contest clause provision in the trust deeds. This is an area of trust law where there is very limited jurisprudence on the nature and effect of no contest clauses.
- Represented the Trustee in a contested sealing application which determined the scope of section 77(3) of the Banks and Trust Companies Regulation Act 2020 and the right to have contentious trust proceedings kept confidential in the Bahamas.
- Representing the Trustee in an ongoing removal application brought by certain beneficiaries of the trust.
- Advising the Trustee on the ongoing administration of the trusts.
http://m.tribune242.com/news/2022/jun/08/sandals-founders-family-bahamian-legal-battle/
Provided by Chambers
Brian Simms KC is a highly esteemed lawyer in the Bahamas, regarded as one of the jurisdiction's leading litigators. He draws particular acclaim for his work in the financial services sector and has a wealth of experience handling disputes stemming from insolvency and liquidation proceedings.
Provided by Chambers
Brian Simms is a very senior KC with a very heavy focus on insolvency and offshore-related work. He is arguably the most active insolvency practitioner in the country.
Brian Simms is a very senior KC with a very heavy focus on insolvency and offshore-related work. He is arguably the most active insolvency practitioner in the country.
2 items provided by Lennox Paton
Privy Council judgment in an important case affecting the insolvency law of The Bahamas
Privy Council hands down judgment on the extra-territorial jurisdiction of cross-border clawback claims in a Bahamian Mutual Fund Liquidation.
MV v DSL & GV: arbitration, governing law and jurisdiction clauses
Recently there has been a great push to encourage arbitration of trust disputes. Indeed, the Bahamian Trustee Act specifically provides for the arbitration of trust disputes. However, in the recent decision of MV v DSL & GV ( 7 Aug 2019) provides important clarification on the jurisdiction limited.
Privy Council judgment in an important case affecting the insolvency law of The Bahamas
Privy Council hands down judgment on the extra-territorial jurisdiction of cross-border clawback claims in a Bahamian Mutual Fund Liquidation.
MV v DSL & GV: arbitration, governing law and jurisdiction clauses
Recently there has been a great push to encourage arbitration of trust disputes. Indeed, the Bahamian Trustee Act specifically provides for the arbitration of trust disputes. However, in the recent decision of MV v DSL & GV ( 7 Aug 2019) provides important clarification on the jurisdiction limited.
