Recommendations

On Lennox Paton (Offshore: Trusts in Bahamas):

Sources say Lennox Paton is “one of the top firms on the island and provides steady and solid advice in a variety of matters.” The firm has a strong reputation for cross-border trusts matters, particularly trusts disputes work in the Bahamian courts.

Lennox Paton is “one of the strongest firms in the Bahamas,” and has been described as “the best firm in the Bahamas and go-to name for big and complex matters.”

On Brian Simms QC (Senior Partner, Head of Litigation & Dispute Resolution and Insolvency & Restructuring) BAND 1:

Senior partner and head of the litigation practice Brian Simms QC is a hugely admired practitioner in this market. One of Simms’ Bahamian peers reports that “he does some big trust litigation work and is one of the few attorneys on the island to do this to a high level.” A local fiduciary describes Simms as “a brilliant litigator and a steady hand,” adding that “he has very interesting thoughts on complex matters and is good to bounce ideas off.” Simms also attracts strong praise from onshore lawyers for his work on high-value Bahamas trusts cases. One such source says that, on a recent matter, Simms was “very focused, very efficient, highly experienced and well regarded – a pleasure to work with.”

On Michael Paton (Head of Banking & Financial Services and Corporate & Commercial) BAND 1:

Michael Paton is a highly experienced practitioner who is described as being “very good at trust structuring and general planning matters.” He is seen as “a top-level lawyer” who is“very good” for this work.

On Arthur Seligman (Head of Trusts & Foundations) BAND 2:

Arthur Seligman leads the firm’s trusts and foundations group and is lauded as “a well-known litigator who has acted in some major trust cases.” A market insider notes: “He is very good and is responsive and knowledgeable.”

On Lennox Paton (The Bahamas): BAND 1

‘A top-level Bahamian firm, Lennox Paton offers a full range of services and “top-of-class lawyers in many different areas.” The firm possesses particularly strong capabilities in litigation and other strands of disputes work, with a deep bench of practitioners to draw upon for contentious commercial issues.’

‘It also assists an impressive list of clients with the full spectrum of transactional matters. In one example, it acted for Canada’s Parkland Fuel on the Bahamian aspects of its USD1.2 billion acquisition of SOL Investments. The firm is widely regarded as “one of the best in the industry”.’

On Brian Simms QC (Bahamas, Senior Partner and Head of the Litigation and Insolvency & Restructuring Groups) BAND 1:

David Johnstone maintains his status as a top-rated real estate practitioner. He is especially noted for his strengths in resort development and high net worth property acquisitions. He also fields expertise in condominium law, and acts on behalf of several international developers operating in the Bahamas.

On Michelle Neville-Clarke (Bahamas, Financial Services) BAND 3

Michelle Neville-Clarke has a broad practice which touches on matters in banking and finance, M&A, investment funds and securities. One source cited her as an “excellent” attorney with a “good reputation.”

On Christopher Jenkins (Bahamas, Litigation and Dispute Resolution) BAND 3

According to one source, litigator Christopher Jenkins is “a very pragmatic individual who thinks outside the box and finds resolutions.“ He typically acts on disputes relating to real estate transactions, and offers complementary expertise in insolvency and asset tracing.

On Sophia Rolle-Kapousouzoglou (Bahamas, Litigation and Dispute Resolution) BAND 3

Interviewees remark that Sophia Rolle-Kapousouzoglou is a strong performer in contentious insolvency proceedings, and also wields great skill in other commercial disputes. One source opined: “She has accomplished a lot for her years.”

On Lennox Paton (British Virgin Islands): BAND 4 

What the team is known for: Well-established BVI office of a leading Bahamian firm, noted for its strengths in high-value general commercial disputes. The team’s broad expertise also covers trust litigation, asset tracing and insolvency. Increasingly focused on representing clients from China, Russia and the CIS states.

Strengths: A commentator appreciated the firm’s provision of “effective and strategic advice,” going on to note that the team is “very responsive and willing to engage quickly on important issues.”

On Scott Cruickshank (BVI, Managing Partner and Head of Litigation) BAND 3

Managing partner Scott Cruickshank is noted for his many years’ experience handling a wide range of commercial disputes, including significant asset tracing and insolvency matters. One commentator acknowledged his “extensive experience with trust litigation” before further complimenting his “very good interpersonal skills.”

David Johnstone is a pre-eminent figure in real estate law in The Bahamas. Competitors point him out as “a knowledgeable lawyer who has a way about him when it comes to technical and complicated transactions.” His areas of expertise include resort development as well as assisting high net worth clients with significant property acquisitions.

On Michelle Neville-Clarke (Bahamas, Financial Services) BAND 3

Michelle Neville-Clarke has an all-encompassing non-contentious practice, covering banking and finance, M&A, investment funds and employment matters. Market commentators describe her as a “thorough and tenacious individual.”  

On Scott Cruickshank (BVI, Managing Partner and Head of Litigation) BAND 3

Scott Cruickshank is BVI managing partner of Lennox Paton and has considerable experience in commercial litigation. One peer noted: “I have referred him work and will continue to do so.” He is an established figure in the market, with another commentator stating that “he’s an intellectual powerhouse.”  

On Christopher Jenkins (Bahamas, Litigation and Dispute Resolution) BAND 3

Christopher Jenkins is regarded as a sound choice for high-value commercial litigation. His practice has a strong emphasis on insolvency and real estate litigation and fellow practitioners agree that he is one of the leading lawyers in the market.  

On Sophia Rolle-Kapousouzoglou (Bahamas, Litigation and Dispute Resolution) BAND 3

Sophia Rolle-Kapousouzoglou is described by her peers as “a solid lawyer.” She recently advised a major shareholder of Bahamian mutual funds on an approximately USD400 million asset recovery case against a Bermuda-incorporated company.  

Lennox Paton ‘stands out as one of the leading firms in the legal market. The law firm has unswerving dedication and commitment, top-notch lawyers and the ability to stay a step ahead of the other side’

The team is praised for having a very strong focus on delivering pragmatic, business-oriented solutions for its clients’ needs’.

‘Lennox Paton has longstanding experience advising financial institutions on banking and trust matters in the Bahamas’.

‘The corporate team provides straightforward and fast answers, and delivers a great overall work product’.

‘The law firm dominates the litigation scene and is invariably involved in all the major cases in the jurisdiction’.

‘Quietly efficient and knowledgeable in the residential property sector’.

‘It stands out for its strong client focus, responsive and adaptable lawyers, and for being fully committed and involved with its clients and their needs’.

‘Michael Paton is one of the most renowned lawyers in the Bahamas and very responsive, practical, knowledgeable and personable’.

‘Brain Simms QC is a go-to lawyer for any serious dispute’, and a ‘standout practitioner’.

‘Sophia Rolle-Kapousouzoglou does an excellent job; she is highly recommended for being extremely professional, efficient and experienced. Working with Sophia is like working with some of the top firms in London’.

‘Marco Turnquest is a top-class commercial litigator who is renowned for his strategic thinking and creativity, and he has considerable experience in commercial fraud’.

‘Christopher Jenkins is always available and responsive’.

‘Senior associate Dwayne Whylly is ‘knowledgeable and technically excellent’.

As ‘a highly organised and professional firm‘, Lennox Paton is ‘always positive and supportive‘, ‘provides a welcoming atmosphere to clients‘ and ‘has deep local knowledge paired with a practical approach‘; its key departments are litigation, financial services and corporate law, and real estate.

The litigation team, which ‘gives clients a sense of increasing confidence that cases have a high chance of success whatever missiles might come from the opposition‘ and is ‘one of the strongest litigation teams in the Bahamas‘, focuses on commercial litigation, including expertise in trust matters, banking, insolvency, asset tracing and property litigation, as well as mutual fund and shareholder disputes, director liability and company law, and insurance. Highlights included the team acting for Deloitte (Hong Kong and Bahamas), as the joint receiver-managers of the secured assets of the Baha Mar Resort, on numerous matters, one of which produced a ruling that clarified the practice of conveyancing pursuant to new limitation legislation in the Bahamas. 

In transactional matters, the practice is well known for general business law, with a particular focus on the financial services industry; complex cross-border M&A; regulatory advice in relation to the cross-border issue of securities and banking services; establishing investment funds for institutional and private wealth management clients; and complex trust structures. The team advised Frontera Energy, as Bahamian counsel, on its issuance of senior secured notes that were to be listed on the Luxembourg Stock Exchange. 

Senior partner and ‘one of the best litigators on the island‘ Brian Simms QC is the head of litigation and is well known for complex, high-net-worth commercial disputes. Deputy chairman since 2017 of the Securities Commission of The Bahamas, Michael Paton, who has ‘exceptional knowledge and an ability to quickly understand the information sought and provide the necessary feedback‘, heads the firm’s corporate and commercial, investment funds and banking and finance groups; and David Johnstone, who is highly rated for master-planning mixed-use resorts with subdivision, condominium, condohotel and timeshare components, leads the real estate, resort development and private client groups. Other notable partners are litigation specialists Sophia Rolle-Kapousouzoglou (who clients praise as ‘responsive and a pleasure to work with‘) and Marco Turnquest, and banking and finance group partner Castino Sands, who is ‘thorough, careful and precise‘.

On Lennox Paton: BAND 1

“Lennox Paton has long established itself as a key player in the market, noted for its wide- reaching corporate and commercial practice. The team is experienced advising on an array of offshore, corporate restructuring, financing and estate-planning matters.

The firm also maintains its strong reputation in dispute resolution, handling big-ticket, cross- border litigation and arbitration cases on behalf of international corporations, regional public entities and major financial institutions.

Market sources value the team’s knowledgeable and attentive nature, with one stating: “I love the fact that they are very client-focused and attuned to our priorities.”

On Brian Simms QC (Bahamas, Head of the Litigation and Dispute Resolution Practice Group) BAND 1:

“Senior partner Brian Simms QC remains “highly regarded” in the market, with peers highlighting his formidable depth of knowledge and experience. One source also remarked upon his “clear and robust” style, noting that “when it came to the trial he was very good.” He has acted in a number of high-value asset recovery and trust litigation cases.”

On Michael Paton (Bahamas, Head of the Financial Service Practice Group) BAND 1:

“Michael Paton remains a “key player” at the firm, and receives particular acclaim for his trusts and investment funds work. Market sources praise his combination of “real-world experience” and “very creative” approach.”

On David Johnstone (Bahamas, Head of the Real Estate and Resort Development, and Private Client Practice Groups) BAND 1:

“David Johnstone heads the firm’s real estate practice, covering resort development, secured financing and commercial lease transactions. A large part of his practice involves advising high net worth private clients. Interviewees value him as “a really intelligent lawyer” and “one of the top conveyancers in the country.”

On Scott Cruickshank (BVI, Managing Partner and Head of Litigation) BAND 3

Scott Cruickshank is managing partner of Lennox Paton’s BVI office, having been based in the jurisdiction since 2008. Peers in the market regard him as a “very nice guy” with “a sensible head” on his shoulders. His expertise spans shareholder disputes, asset tracing cases and high-value trust disputes, in addition to commercial litigation.

On Michelle Neville-Clarke (Bahamas, Financial Services) BAND 3

Michelle Neville-Clarke‘s practice covers a range of work, including banking and finance, corporate law, M&A, investment funds and employment. She is regarded as a “very good funds lawyer” by market sources.

Christopher Jenkins (Bahamas, Litigation and Dispute Resolution) BAND 3

Christopher Jenkins is particularly noted for his expertise in insolvency, shareholder and construction disputes. Interviewees highlight him as a responsive and “very good younger lawyer.”

Sophia Rolle-Kapousouzoglou (Bahamas, Litigation and Dispute Resolution) UP AND COMING

“Rising star” Sophia Rolle-Kapousouzoglou has a growing reputation in the field of insolvency litigation. She impresses sources as a “solid lawyer” with an industrious approach to the work she takes on.

On Lennox Paton:

Lennox Paton is well regarded in the Bahamian market, with sources describing it as an “important firm, involved in a lot of trust litigation,” and a “well-run, slick, professional outfit.” The firm’s trust and foundations group advises individuals and institutions on a wide range of trust matters and assists with complex estate planning.

The firm also has a reputation for its international capability, with one local client reporting: “Their knowledge goes beyond our jurisdiction.” The team works with clients from Europe, Latin America, the USA and the Far East. Clients say: “They are extremely professional, responsive and proactive in dealing with clients’ issues.”

On Brian Simms QC (Band 1):

Brian Simms QC is “the best litigation lawyer in the Bahamas,” states one interviewee, explaining: “He prepares well and is excellent in court.” Another adds: “He really understands clients’ objectives, he is very familiar with the legal framework and is very good at marrying the two skills of client handling and legal expertise.” A legal market source comments: “I have been very impressed by the extent of his knowledge and the thorough preparation he has put in. He get his point across well and ensures he gets to the heart of the matter.” Peers further describe him as “focused, tenacious, and an all-around great lawyer.”

On Michael Paton (Band 1):

Michael Paton advises individuals and trust companies on all areas of trusts law. “He is very competent, experienced, available and to-the-point,” says a market insider; “he gets things done and is very enjoyable to work with.” One source notes that “he is very good on investments,” explaining: “He has been actively involved in improving the investment funds law. He is a man of considerable experience. He has very good clients and is technically gifted.”

On Arthur Seligman (Band 2):

Arthur Seligman heads the firm’s trusts and foundation group. He advises local and international clients on a wide range of non-contentious and contentious trust matters. A source enthuses: “He is outstanding in all aspects of his representation of clients. He is smart, insightful, experienced, diligent and very professional.” Another interviewee says: “He is a pleasure to work with, very responsive, and knowledgeable.”

Lennox Paton

The firm plays a major role in building up Bahamian cross-border laws – and is instructed in all of the Bahamas’ largest cross-border cases Global head of restructuring and insolvency Brian Simms QC

History of the practice

Offshore firm Lennox Paton is a dominating force in insolvency across the Caribbean, particularly in the Bahamas, where it has done much work towards developing the island’s restructuring laws and setting valuable precedents, both in cross-border and domestic cases.

In the 2000s the firm, led by division head Brian Simms QC, spent much of its time on creditor-side roles in large international fraud cases. More recently, Lennox Paton partners (particularly those in the Bahamas), have found themselves arguing in court over cross-border ideology. As result, the firm has played a major role in bringing the cross-border provisions of the Bahamas up to speed with other prominent offshore jurisdictions.

Network

The firm has restructuring partners planted in each of its three offices in the Bahamas, the British Virgin Islands (BVI) and London. Simms leads the division from his seat in the Bahamas.

Who uses it?

Lennox Paton regularly represents liquidators, often appointed by foreign courts, on the hunt for assets in the firm’s home Caribbean jurisdictions.

Historic track record

The firm’s most significant historic cases include advising various offshore investment funds in the 2009 Madoff liquidation, and guiding pan-Caribbean investment fund Moore Park Fund in its liquidation in the Bahamas and the BVI in 2007.

From 2006 to 2008, the firm also advised the receivers of the Grand Bahama Port Authority in the bankruptcy of Freeport, the second largest port in the Bahamas.

Recent events

In mid-2015, judges in the Supreme Court of the Bahamas refused to recognise the Chapter 11 proceedings of the US$3.5 billion hotel and casino complex Baha Mar, exposing a lacuna in Bahamian legislation, which left courts unable to recognise foreign proceedings without a pre-designated list of accepted jurisdictions.

The same issue arose again less than a year later, foiling the efforts of Cayman court-appointed liquidators working to trace the assets of a collapsed Cayman bank, Caledonian Bank. Partner Sophia Rolle- Kapousouzoglou worked for the applicants in both cases, and later assisted the Bahamian Liquidation Rules Committee in crafting a list of 142 jurisdictions whose insolvency proceedings Bahamian courts could recognise. With Rolle-Kapousouzoglou still representing the Cayman liquidators, the Bahamian court would later readdress the Caledonian bank proceedings, granting access to the bank’s assets.

In the British Virgin Islands, associates acting for four entities of distressed Chinedse industrial fishing group China Fisheries. In December 2016, the four companies fail to postpone their liquidation in the BVI after creditors filed winding up petitions against them.

Simms and Rolle-Kapousouzouglou also represented Bermuda based ZCM Asset Holding, a share custodian to a Bahamian mutual fund company, in a court case that led to a decision granting permission to a Bahamian liquidator to serve a summons out-of jurisdiction for the recovery of alleged fraudulent preferences.

“We are very pleased with the quality of services provided by Lennox Paton. They are very responsive in matters. We have access to several associates and partners within the firm.  They continue to provide us with ongoing legislative updates via seminars and they do an excellent job in keeping us informed of industry developments.” 2020

“The firm has a very strong financial services practice the broad experience in banking and finance, private client work and regulations.”  2020

“Very good, clear opinion and practical.” 2020

Lennox Paton has high capabilities in financing and capital markets transactions. The firm advised lenders on multiple significant financing deals during the research period, including a couple for the Inter-American Investment Corporation (IIC). In one standout transaction, the firm represented IIC on a to APD. APD is using the proceeds to fund the installation of a solar energy rooftop system at APD’s main building at Nassau port. 2019

“Ten years of handling matters successfully in very complicated environments is the best way to summarize my level of satisfaction with the firm.”  2019

“Excellent Knowledge of law and its application in relevant scenarios.” 2019

“They are an excellent law firm, well rounded and responsive. They are one of the top firms here in the Bahamas. I’ve never had any bad experiences with them. We trust the fact that they know what they’re doing, and they’re able to find the right solutions for the client.” 2018

“Best known for its Bahamas practice Lennox Paton also maintains a BVI presence with financial and corporate and investment funds work managed between the BVI and London offices.  One of last year’s highlight deals for the firm came in the form of Gencom’s acquisition of the Peninsula Papagayo Resort in Costa Rica.” 2018