Overview

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 BVI practitioner to have successfully completed the INSOL Global Insolvency Practice Course. Scott is also a board member of the Recovery and Insolvency Specialists Association (RISA) in the BVI; a former member of RISA’s Technical Advisory Committee; and a member of the BVI Bar Association. He also remains a non-practising member of the Faculty of Advocates in Scotland.

Chambers Global has variously described Scott as being “very thorough and professional, and provides fantastic client care” (2013); that he has “extensive experience in insolvency and trust litigation” (2014); that he is “always on the ball, very thorough, very personable and very easy to work with” (2015); that he is an “experienced practitioner who is well regarded, with sources highlighting his combination of detailed legal knowledge and good commercial judgement” (2016); that he has a “wealth of BVI litigation experience” and is “very efficient and very commercial” (2017); and that he is a “very nice guy with a sensible head on his shoulders” (2018).

Examples of recent work

Kevin Stanford v Chesterfield United Inc.

  • Acting for 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
  • Makings 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

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

Inna Gudavadze and Others v Carlina Overseas Corporation and Others

  • This was a high value shareholder dispute in the BVI. We acted for the company in the complex dispute. The company is based out of Azerbaijan, and concerned among other things ownership of an oil terminal on the Black Sea in Georgia. The dispute was with the estate of the late Georgian oligarch, Bardi Patarkasishvili