![Headshot of Nick Burkill](/media/uqhp1ucc/nick-burkill.jpg?cc=0.10747956405172467,0.022409243663274868,0.08742963594827544,0.17166501727105327&width=1440&height=960&quality=90)
Nicholas Burkill
Partner | Legal
British Virgin Islands
![Headshot of Nick Burkill](/media/uqhp1ucc/nick-burkill.jpg?cc=0.2243443078256507,0.0015678672718780957,0.16127016103881814,0.0759313352273244&width=300&height=300&quality=90)
Nicholas Burkill
Partner
British Virgin Islands
Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.
Services
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Sectors
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Legal
Corporate and Fiduciary
Consulting
Banking and Finance
Corporate
Dispute Resolution
Employment law
Intellectual Property
Investment Funds
Listing services
Local Legal Services
Accounting and Financial Reporting Services - Ogier Global
Cayman Islands AML/CFT training - Ogier Global
Corporate Services - Ogier Global
Regulatory and Compliance Services - Ogier Global
Sustainable Investment Consulting
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.
Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.
Fresh thinking, sharper opinion.
We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone.
About us
Corporate social responsibility (CSR)
Diversity, equity and inclusion
Information security
Innovation
Sustainability
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
Newsletter
01 June 2020
Guernsey, Cayman Islands, British Virgin Islands, Jersey
4 min read
ON THIS PAGE
While the full impact of COVID-19 on global markets is yet to be seen, many anticipate a marked shift in workflow as businesses look to refinance and restructure.
Our Restructuring and Corporate Recovery team, headed by Cayman Partner Marc Kish, has been busy providing seamless services across jurisdictions and disciplines to find the best, commercial solution for clients, from consensual workouts to contentious schemes of arrangement. You can find out more about the team.
As the courts in our jurisdictions continue to adapt to social distancing and/or lockdown restrictions, we are pleased to report that hearings continue to go ahead thanks to the use of digital solutions, with just some examples including a substantive hearing of a winding up petition in Cayman, and a recent decision in favour of Ogier's client handed down remotely in the BVI.
In recent team news, we were delighted to welcome Damian Evans and William Jones to the partnership. Described as ‘extremely intelligent, brilliant in court, unfailingly practical and results-driven’ by Legal 500, Damian has been involved in some of the leading trust litigation cases in Jersey, while Will has been commended as 'industrious and meticulous - a litigation heavyweight' in the Legal 500 Caribbean, having worked on many of the most important cases in Cayman. We were also pleased to recently announce the promotions of Daniel Maine in Jersey to Counsel, Gemma Lardner to Managing Associate and Rebecca Findlay to Senior Associate (both Cayman).
Read more articles from the team:
Crossing borders in Guernsey: new insolvency reforms
As many readers will know, Guernsey has recently approved a significant set of reforms to our insolvency legislation, to bring it in line with comparable jurisdictions such as England. A rules committee is also working on a set of corresponding rules to deal with the finer procedural points that affect a Guernsey insolvency. You can read Ogier's briefing on the new reforms.
Read the briefing from Mathew Newman: Crossing borders in Guernsey: new insolvency reforms
Cross-border insolvency - what assistance can Jersey give? A recent example
As a leading international finance centre, the Royal Court of Jersey is often required to consider insolvency proceedings which engage multiple jurisdictions. Where foreign insolvency proceedings or winding up arise in relation to a group of companies which include a Jersey company and assets, the foreign insolvency official will need to be recognised by the Royal Court and authorised to protect or recover assets in Jersey. Here we examine the assistance that the Royal Court can give to foreign insolvency officials and examine the dynamic and flexible approach that it adopted in the recent case of Lydian Investments Limited [2020] JRC 049.
Read the briefing from Damian Evans: Cross-border insolvency - what assistance can Jersey give?
Check your privilege in settlement discussions – WP or not WP, that is the question…
Legal privilege is currently a fast-moving area in common law jurisdictions, including the Cayman Islands. This month, the Cayman Islands Grand Court handed down a judgment on without prejudice (or “WP”) privilege (Balls v Shewraj and Saxon Motor & General Insurance Company Ltd, The Hon. Justice Carter (Actg.), unreported 2 March 2020 (“Saxon”)). This follows in the wake of a recent decision of the English Court of Appeal (BGC Brokers LP and others v Tradition (UK) Limited and others [2019] EWCA Civ 1937) considering the same subject matter (and of persuasive authority here).
This article: (i) starts with a reminder on the principles of WP privilege; (ii) examines the recent Cayman Saxon decision; (iii) briefly summarises the English BGC v Tradition decision; and (iv) sets out some practical points for parties involved in settlement discussions to keep in mind.
Read the briefing from Jennifer Fox and Rebecca Findley: Check your privilege in settlement discussions – WP or not WP, that is the question…
Focus on Injunctions in the light of Paraskevaides - Full and frank disclosure in the BVI
In its judgment given on 30 March 2020 in Paraskevaides v Citco[1], the Eastern Caribbean Court of Appeal considered a range of issues on appeal from the Commercial Court of the British Virgin Islands arising out of a dispute over ownership of a large Cyprus based international construction company.
Two of the issues addressed are the duty of full and frank disclosure on an ex parte application and the consequences of breach of that duty.
These issues are important for litigants in the BVI because urgent ex parte injunctions are often needed – or said to be needed – at the outset of the international disputes that comprise the BVI Commercial Court's workload.
Read the briefing by Nicholas Burkill and Nicholas Brookes: Focus on Injunctions in the light of Paraskevaides - full and frank disclosure in the BVI
The Cayman Islands Court of Appeal Relieves the Tension between Arbitration Clauses and the Just and Equitable Winding Up Jurisdiction
In a comprehensive judgment published on 23 April 2020, the Cayman Islands Court of Appeal, comprising Moses JA, Martin JA and Rix JA, has provided welcome clarification of the interplay between a contractual agreement to arbitrate disputes arising between shareholders and the exclusive jurisdiction of the Court to determine whether a company should be wound up on the just and equitable ground.
Read the briefing from Oliver Payne, Edwin Gomez, Marc Kish and Gemma Lardner: The Cayman Islands Court of Appeal Relieves Tension between Arbitration Clauses and Just and Equitable Winding Up Jurisdiction
Time out with Head of Jersey Dispute Resolution Nick Williams
If arguments are an art, then disputes are a discipline; the former something to avoid, the latter an interesting area to work in.
For Nick Williams, the law was a career choice from an early stage. His father was a lawyer at international firm Mayer Brown, and growing up in Ealing, London, attending school at St Paul’s School in Barnes, law appeared to be the connector between his academic interests and his desire to work in City business
Read the full article: Time out interview with Nick Williams, Head of Dispute Resolution in Jersey
Crypto-assets as property: Cayman litigators' tools to assist in their tracing and recovery
Adopting the analysis of the United Kingdom Jurisdictional Task Force ('UKJT") on the proprietary status of crypto currencies, a recent decision of the English High Court, AA v Persons Unknown, has found that crypto assets such as Bitcoin are "property" and therefore capable of being the subject of a proprietary injunction or freezing order. This finding will be of interest to anybody using Bitcoin as a form of payment or to carry value.
Read the briefing by Deborah Barker-Roye: Crypto-assets as property: Cayman litigators' tools to assist in their tracing and recovery
Nicholas Burkill
Partner | Legal
British Virgin Islands
Nicholas Burkill
Partner
British Virgin Islands
Contact Nicholas
Back
Damian Evans
Partner | Legal
Jersey
Damian Evans
Partner
Jersey
Contact Damian
Back
Jennifer Fox
Partner | Legal
Cayman Islands
Jennifer Fox
Partner
Cayman Islands
Contact Jennifer
Back
Marc Kish
Partner | Legal
Cayman Islands
Marc Kish
Partner
Cayman Islands
Contact Marc
Back
Mathew Newman
Partner | Legal
Guernsey
Mathew Newman
Partner
Guernsey
Contact Mathew
Back
Nick Williams
Partner | Legal
Jersey
Nick Williams
Partner
Jersey
Contact Nick
Back
Deborah Barker Roye
Partner | Legal
Cayman Islands
Deborah Barker Roye
Partner
Cayman Islands
Contact Deborah
Back
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm