Overview

Brian Simms QC is the Senior Partner of the firm and the head of its Litigation and Insolvency & Restructuring Groups. He is one of the Bahamas’ leading advocates and has vast experience in the Supreme Court and the Court of Appeal, in addition to having appeared a number of times in the Privy Council.

He was made a Queen’s Counsel in 2009 and is instructed in the most substantial Bahamian and international offshore cases.  

Ranked in Band 1 for Chambers Global 2020 and Chambers HNW Guide 2019, Brian is described by clients as “A top offshore Silk” and “The best litigation lawyer in the Bahamas”.

The legal directories continually rank Brian as a tier one litigator and praise him for the quality of his work and expertise in commercial litigation, trust disputes, insolvency and fraud cases. 

 

Examples of recent work:

  • Matteo Volpi v Delanson Services Ltd & Gabriele Volpi – Acting for Delanson Services Ltd in a challenge to the Bahamian Court’s jurisdiction and to set aside injunctions.
  • Lead counsel in AWH v ZCM Asset Holding Company Limited Insolvency matter concerning the right of a Liquidator to serve proceedings out of the jurisdiction in relation to a fraudulent preference. 
  • Bahamar Insolvency 2015 and on going Acted as lead counsel for the Import Export Bank of China with its disputes with the Mortgagor and developer including the successful opposing of the recognition of Chapter 11 proceedings. Also acted as lead counsel for the Reciever-Managers of the Bahamar properties in multiple court proceedings arising from the completion and sale of the 3.5 billion dollar project.
  • Acting as lead counsel for UBS in a matter against Standard Charter Bank concerning losses arising from indirect investments in various Madoff funds. Trial set for 2018.
  • Rhone Trustees (Bahamas) Ltd v Beneficiaries A,B,C and D Acting as lead counsel for two minor beneficiares in anti suit injunction proceedings, preemptive costs proceedings and breach of trust as well as construction proceedings.
  • Acting for PowerSecure Ltd in termination of its relationship with Bahamas Power and Light Company Ltd. September 2017 
  • JMF Foundation v JMF Estate  Acting as lead counsel for the Trustees in a dispute with the estate over the ownership of assets and the validity of a declaration of Trust. 2017
  • Expert Witness of Bahamian Trust and Corporate Law in Christina Crociani et al v Edoarda Crociani  et al , Royal Court of  Jersey, September 2017
  • Expert Witness in Citibank v Lehman Brothers, United States Bankruptcy Court Southern District of New York in relation to insolvency law of The Bahamas 2016.
Speaking Engagements (Click to expand)

RECENT (2020) 

Marrakech, Morocco – 26-28 February 2020

Brian spoke in the session: ‘Conflict of laws: Exclusive jurisdiction clauses in trusts’, which took place on Friday 28 February 2020.

 

RECENT (2019) 

Nassau, The Bahamas – 05 December 2019

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. 

 

Sao Paulo, Brazil – 16-17 September 2019, 

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.