Overview

Brian Simms QC is the Senior Partner of the firm and the head of its Litigation and Insolvency and Restructuring Groups.  Brian is one of the Bahamas’ leading advocates and he 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.  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.  Described as a “A top offshore Silk” in Chambers Global 2017.

Examples of recent work:

  • 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. The matter is pending before the Privy Counsel and should be heard in 2018.
  • 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. 
  • 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.