Scott Cruickshank | Managing Partner BVI
Scott is the Managing Partner and Head of Litigation of the British Virgin Islands office. He has considerable experience in areas such as shareholder disputes, insolvency, fraud and asset tracing, trust litigation, and corporate and commercial disputes generally.
Scott studied Law at the University of Glasgow in Scotland where
he graduated with a Bachelor of Laws (LL.B) (with Honours in
Commercial Law) in 1995, and a Diploma in Legal Practice (Dip.LP)
in 1996.
Prior to February 2008, Scott was a practising Barrister at the
Scottish Bar where he built up a sizeable and successful practice
as a corporate and commercial litigator. In February 2008, Scott
relocated to the BVI where he worked initially with another leading
offshore firm prior to joining Lennox Paton.
Scott routinely works with large city law firms, financial
institutions and corporate and commercial clients based throughout
the world with respect to large multi-jurisdictional disputes and
transactions. He has considerable courtroom experience matched with
an acute commercial acumen.
In addition to corporate and commercial litigation, Scott also has
a wide experience of ADR procedures such as arbitration and
mediation.
Scott is a Fellow of INSOL International, being the first and only
BVI practitioner to have successfully completed the INSOL Global
Insolvency Practice Course. Scott is also a member of the Recovery
and Insolvency Specialists Association (RISA) in the BVI; a member
of RISA's Education and Training Group; and a member of the BVI Bar
Association. He also remains a non-practising member of the Faculty
of Advocates in Scotland.
Chambers Global describes Scott as being "very thorough and professional, and provides fantastic client care". Chambers also notes that he has extensive experience in insolvency and trust litigation.
The following is an example of some of the larger BVI litigation in which Scott has recently acted.
Rolen Pty Ltd v. Firepower Holdings Group Ltd. Acting for the Applicant in the appointment of joint liquidators over a BVI holding company. The subsidiary Australian operating company fraudulently attracted investment in excess of AU $80 Million alleging rights to a "fuel saving petrol pill".
Securities and Exchange Commission v. Private Equity Management Group. Acting for the US Court appointed receiver over PEM Group and its various affiliates and subsidiaries in respect of a fraud in excess of US $50 Million. BVI work included advising in respect of the recognition of the US award, the freezing of assets, and assisting with the appointment of a provisional liquidator of a BVI subsidiary company.
Brunei Government / Prince Jefri. The Brunei Government first instigated proceedings against Prince Jefri, the youngest brother of the Sultan and former Minister of Finance of Brunei, seeking the return of misappropriated state funds in the region of US $15 Billion. BVI input included work leading to the transfer of BVI assets and companies held by Prince Jefri to the Brunei Government.
Bacco & Kazas v. Jackie's Java Company Limited. Instigating unfair prejudice claims against the Defendant company of which the major shareholder was the Hollywood actor Jackie Chan.
Financial Services Commission v. Providence Channel Insurance Company. Acting for the Respondent in liquidation proceedings brought at the instance of the BVI Financial Services Commission on the just and equitable / public interest grounds.
Tristar Global Holdings Corporation v. Elnusa Tristar Ramba Limited / Precious Treasure Global Inc v. Tristar Global Holdings Corporation. This was a massive shareholder dispute arising between parties based in south-east Asia. The dispute was valued in the region of US $150 Million and arose out of apparent breaches of a shareholders agreement and share charge agreement.
MAP Marine Limited v. Pioneer Freight Futures Company Limited. Acting for the Respondent in seeking its own provisional liquidation and subsequent liquidation following the collapse of the forward freight shipping market.
Parties Confidential - Shareholder Dispute / Liquidation. This was shareholder dispute arising out of Russia. The dispute focused upon the ownership of a subsidiary Russian company which in turn held a valuable oil mining license (potentially valued at US $180 Million). The proposed claim was for unfair prejudice at the instance of the minority shareholder of the BVI company, together with interim remedies including freezing injunctions.