Overview

Matthew is a Senior Associate in the Litigation Department of our BVI office. He has considerable experience of corporate and commercial litigation, including insolvency, shareholder disputes, trust litigation, fraud and asset tracing. He also has a broad experience of ADR procedures such as mediation and arbitration.

Matthew qualified as a solicitor in England and Wales in 2008 (now non-practising), having completed his training with a leading regional firm in the UK. In 2013, he moved to a niche practice and continued to advise corporate clients, partnerships and high net worth individuals on a wide range of corporate and commercial disputes. He became a partner in October 2014 before joining Lennox Paton in April 2015.

Since joining us, Matthew has represented BVI corporate entities, professional trustees, shareholders and ultimate beneficial owners of BVI corporate entities based in Russia, the People’s Republic of China and Singapore.

He is adept at bringing and defending claims brought under the BVI insolvency and corporate regimes, including minority shareholder actions, breach of fiduciary duty claims and conspiracy claims.

Examples of recent work

Kevin Stanford v Chesterfield United Inc.

  • Acting for a creditor in the liquidation of Chesterfield United Inc.
  • Intervening in an application under Section 273 of the Insolvency Act, 2003 made by Mr Stanford to challenge the liquidators’ decision to reject his claim
  • Dealing with issues to do with Mr Stanford’s ability to bring such a claim on the basis that he is not a creditor of Chesterfield or a shareholder
  • Dealing with allegations of fraud on the part of all parties

Storca and Ors v Minco Enterprises Limited and Ors

  • Acting for two BVI companies in a dispute involving a number of trust entities and the beneficiaries to the trust
  • Initially instructed to challenge a freezing injunction and ancillary relief granted on an ex parte basis
  • Applying to Court of Appeal to overturn temporary freezing injunction granted by BVI Court
  • Making applications to challenge the BVI Court’s jurisdiction to deal with the claim based upon arbitration clauses contained in various agreements between the parties and also in the memorandum and articles of association of the companies.
  • Challenging jurisdiction on the grounds of forum non conveniens
  • Making strike out application based on successful arbitration proceedings

John Emmott v Michael Wilson and Partners Limited

  • Long running dispute where the parties have issued proceedings against one another in various jurisdictions
  • Successfully defending applications to place the client into liquidation
  • Arguments under the Pacific China line of authorities relating to finality of arbitral awards and judgments
  • Also challenging petition on the basis that the petitioner was unable to establish that the client was insolvent

Eurochem and Ors v Kopist and Ors

  • Representing BVI companies and foreign private individuals
  • Defending fraud claim relating to allegations of manipulating the international fertiliser market
  • Successfully defending application for freezing injunction against the clients
  • Challenging the jurisdiction of the BVI Court on grounds of forum non conveniens and failure to establish a good arguable case sufficient to allow the claim to be served on parties located outside of the territory

Mark Byers et al v Chen NingNing

  • Acting for BVI and UK liquidators
  • Action to recover assets
  • Claims brought under Part IX of the Insolvency Act, 2003 against delinquent officers to include fraudulent and insolvent trading