Brian Lacy

Brian is the Head of BVI Dispute Resolution. He is a "formidable" commercial litigation barrister, with considerable experience of civil fraud, insolvency and trust disputes. He regularly appears in the BVI Commercial Court and the Court of Appeal and is "a very strong advocate". He is known for "giving sound and realistic advice, while fiercely fighting his client’s corner and finding creative solutions to advance its interests". His global team of BVI lawyers has been described in the leading directories as being: "exemplary", "a slick operation" and "a tight, well-run group of clever, hardworking lawyers". His cases often involve the Middle East or the FSU.

Background and experience

Over the past decade, Brian has been involved in cases across the full range of BVI disputes, many of which have actively developed the law in new and positive ways. His areas of significant expertise include:

• asset tracing/preservation and enforcement, often involving interim injunctive relief or the appointment of provisional liquidators or receivers. He made the first application for the appointment of receivers in aid of an arbitration under the BVI Arbitration Act 2013, in proceedings that ultimately resulted in the successful enforcement of the arbitration award with 100% recovery for the client. Brian is one of only 11 lawyers across all offshore jurisdictions ranked as a "Global Elite Thought Leader" in Asset Recovery by Who's Who Legal
• civil fraud: Brian is a Fellow of the International Academy of Financial Crime Litigators, in Basel. He and his team have both the experience and resources to conduct complex substantive fraud proceedings, and currently act for BTA Bank in a US$250million+ commodities letter of credit fraud perpetrated on the bank. Who's Who Legal describes Brian as "excellent and very experienced when it comes to complex fraud matters"
• contentious trusts and probate: for many years Brian has been listed by Private Client Global Elite as one of the top 250 trust and estate litigators in the world. He regularly advises trustees and beneficiaries and has particular expertise in complex, cross-border contentious probate
• commercial litigation: Legal 500 describes Brian as "the perfect choice for highly complex, hard fought litigation" and as "an exceptional litigator, balancing technical skills with common sense, experience and strong strategic vision". His past cases include the construction of a limited partnership agreement as to the correct allocation of $1billion+ of profit
• restructuring and insolvency: Brian acted for QGOG Constellation, and the provisional liquidators, in the first light-touch liquidation in the BVI. Since that landmark decision in 2019, Brian and his team have worked on multiple light-touch restructurings and schemes of arrangement. Brian also acts for creditors and office holders in formal liquidations, often using the insolvency process as an effective method of judgment and award enforcement. Brian served the maximum four year term as a director of RISA (the BVI chapter of INSOL)
• shareholder disputes: much of Brian's legal career, in England and in the BVI, has involved unfair prejudice and other forms of shareholder disputes. He successfully represented Microsoft in the first derivative permission claim to be considered by the ECSC Court of Appeal

Brian joined Ogier as a Partner in 2015. He was previously a barrister with another leading firm in the BVI and before that he was a member of Littleton Chambers, Inner Temple, London. While at Littleton, he was junior counsel for the successful respondents in the seminal six day Court of Appeal hearing of Dadourian Group International Inc v Simms & Others [2009] 1 Lloyd’s Rep 601, concerning worldwide freezing orders; the strike out an appeal for abuse of process/fraud on the Court; causation in the case of deceit; and the status of previous arbitration findings.

Admitted as a barrister in:

2012 - British Virgin Islands

2006 – England & Wales (non-practicing)

Publications

Co-author of the BVI chapter of The Arbitration Review of the Americas, 2015.

Co-author of the BVI chapter of The Dispute Resolution Review, 7^th ed., 2014.

Co-author of the BVI chapter of The Arbitration Review of the Americas, 2014.

Co-author of Security for Costs and other Court Ordered Security, Jordans, 2010.

Contributor to Restrictive Covenants and Confidential Information, Brearly & Bloch, Butterworths, 3^rd ed., 2009.

Memberships

RISA (BVI INSOL Chapter)

British Virgin Islands Bar Association

British Russian Law Association

British Ukrainian Law Association

British Kazakh Law Association

Hon. Society of Lincoln’s Inn (Scholarships: Lord Brougham; Harwicke; and Kennedy)

Chancery Bar Association