Caribbean and the Americas
We are regularly instructed in disputes across the Caribbean and the Americas, spanning our core areas of practice.
Members are admitted to practise in the BVI, Grand Cayman, Turks and Caicos, Antigua and Barbuda, and Grenada, as well as New York. We act in asset recovery, fraud, proceeds of crime, and commercial disputes throughout the region, including in Trinidad and Tobago, Jamaica, Bermuda, and the Bahamas.
Our members have appeared in criminal prosecutions, civil recovery proceedings, and Privy Council appeals arising from Caribbean jurisdictions. We acted in the Turks and Caicos Islands prosecution of Missick and others following the Commission of Inquiry.
Chambers has close links throughout the Caribbean and the US, including with Allum Chambers in Trinidad and Tobago, Caroline P. Hay Attorneys at Law in Jamaica, and Cohen & Gresser LLP in New York.
Representative cases
Close cases
Re CTFG Ltd
Advising a BVI liquidator on civil recovery and prospective insolvency proceedings against a Company Director alleged to have fraudulently misappropriated and dissipated £100 million in assets through offshore structures.
R v Minister of the Environment ex p. Waterkeepers Bahamas Ltd.
Acting for the government of The Bahamas in urgent proceedings in The Bahamas seeking to restrain offshore drilling by Bahamas Petroleum Company Plc under an oil exploration licence granted by the government.
Vision En Analisi Y Estrategia, S.A. De C. v Christopher Erwin and others [2022] SC (Bda) 62 Civ
Headed an internal investigation on behalf of a property developer into alleged corruption of the Prime Minister, Deputy Minister and Minister for Planning of the Turks & Caicos Islands.
Clyde Chalwell v BVI Complaints Commissioner
Litigation, following a Commission of Inquiry chaired by a retired English High Court Judge regarding the supply of ships to police BVI territorial waters during the pandemic.
P v L Trustees (and Ors.) (Cayman Islands Commercial Court)
Trust dispute with claims in the Cayman Islands, BVI, Liechtenstein, Israel, England and the United States.
Acting in civil asset-recovery proceedings, including for the defence in recovery actions and offshore enforcement actions.
Acting for Chinese investors in a dispute concerning the management of a Cayman Islands holding company, arising out of a director (nominated by another major investor) frustrating a US IPO valued at in excess of $ 2 billion.
Alternative Power Solution Ltd v Central Electricity Board
Acting for Alternative Power Solution Ltd in an appeal to the Privy Council from Mauritius. This case concerned the so-called “fraud exception” in relation to letters of credit.
C-Care (Mauritius) Ltd v Employment Relations Tribunal.
Acting for the ERT, in an appeal to the Privy Council concerning a challenge to its award concerning a large-scale redundancy of hospital employees by a healthcare business.
Responsible Developmemt for Abaco Ltd v Christie & Others
Acting for the government of The Bahamas in an appeal arising out of a dispute concerning objections to a marina development in Abaco, on environmental grounds. The judgment gives important guidance on the availability of security for costs in public law disputes.
St Nicholas Grammar School v Arnulphy
Acting for the Fair Rent Tribunal of Mauritius in an appeal concerning the correct approach to the determination of fair rent.
Marr v Collie
Acting for a Bahamian property investor in an appeal concerning constructive trusts and the application of Stack v Dowden in The Bahamas, in relation to investment properties.
DPP v Binance Holdings Limited and Ors
Civil Recovery proceedings (shāzhūpán) against Binance and Ors. in the Cayman Islands
Re: a Cayman Islands Lending Institution
Application of CI PoCL 2008 (confiscation and money laundering).
Spanish Steps Holdings Ltd v Point Investments Ltd [2021] SC (Bda) 90 Com
(17 November 2021)
BVI AG v X
Criminal investigation following BVI Commission of Inquiry.
Instructed to represent the Independent Commission Against Corruption in constitutional proceedings before the Supreme Court of Mauritius.
Mark successfully defended the principal defendant in two separate trials in Grand Cayman.
Acting for claimants in a £108 million offshore civil fraud in the Caribbean, involving asset tracing, jurisdictional risk, and cross-border enforcement strategy.
Nelson v Attorney General of Trinidad and Tobago (Trinidad High Court and Court of Appeal).
Acting in offshore crypto-asset recovery matters and advising on cross-border enforcement.
Federal Republic of Nigeria v Tibit (BVI)
Recovery of a Bombardier Global 6000 Executive Jet purchased using the proceeds of a corrupt oil deal.
Emtel Ltd v Mauritius Telecom Ltd & Others
Acting for Cellplus Mobile Communications Ltd, a subsidiary of Mauritius Telecom Ltd, in an appeal to the Privy Council concerning a substantial damages award (554m rupees) for concurrence deloyale (essentially unlawful competition), based upon alleged breaches of licence conditions arising out of cross-subsidisation by the parent.
CCare (Mauritius) Ltd v Employment Relations Tribunal
Acting for the Employment Relations Tribunal of Mauritius in an appeal concerning the correct treatment of delay in applications to that tribunal.
Angteeah v Bathfield
Acting for the Ministry of Housing and Lands of Mauritius in an appeal concerning the doctrine of the condition suspensive in Mauritian law.
Receivers of a Cayman Islands Segregated Portfolio Company on Behalf of ALFF v RH (and 11 others)
Unlawful means conspiracy, breach of contract and duty, and dishonest assistance.
Representative cases
Re CTFG Ltd
Advising a BVI liquidator on civil recovery and prospective insolvency proceedings against a Company Director alleged to have fraudulently misappropriated and dissipated £100 million in assets through offshore structures.
Re: a Cayman Islands Lending Institution
Application of CI PoCL 2008 (confiscation and money laundering).
R v Minister of the Environment ex p. Waterkeepers Bahamas Ltd.
Acting for the government of The Bahamas in urgent proceedings in The Bahamas seeking to restrain offshore drilling by Bahamas Petroleum Company Plc under an oil exploration licence granted by the government.
Spanish Steps Holdings Ltd v Point Investments Ltd [2021] SC (Bda) 90 Com
(17 November 2021)
Vision En Analisi Y Estrategia, S.A. De C. v Christopher Erwin and others [2022] SC (Bda) 62 Civ
BVI AG v X
Criminal investigation following BVI Commission of Inquiry.
Headed an internal investigation on behalf of a property developer into alleged corruption of the Prime Minister, Deputy Minister and Minister for Planning of the Turks & Caicos Islands.
Instructed to represent the Independent Commission Against Corruption in constitutional proceedings before the Supreme Court of Mauritius.
Clyde Chalwell v BVI Complaints Commissioner
Litigation, following a Commission of Inquiry chaired by a retired English High Court Judge regarding the supply of ships to police BVI territorial waters during the pandemic.
Mark successfully defended the principal defendant in two separate trials in Grand Cayman.
P v L Trustees (and Ors.) (Cayman Islands Commercial Court)
Trust dispute with claims in the Cayman Islands, BVI, Liechtenstein, Israel, England and the United States.
Acting for claimants in a £108 million offshore civil fraud in the Caribbean, involving asset tracing, jurisdictional risk, and cross-border enforcement strategy.
Acting in civil asset-recovery proceedings, including for the defence in recovery actions and offshore enforcement actions.
Nelson v Attorney General of Trinidad and Tobago (Trinidad High Court and Court of Appeal).
Acting for Chinese investors in a dispute concerning the management of a Cayman Islands holding company, arising out of a director (nominated by another major investor) frustrating a US IPO valued at in excess of $ 2 billion.
Acting in offshore crypto-asset recovery matters and advising on cross-border enforcement.
Alternative Power Solution Ltd v Central Electricity Board
Acting for Alternative Power Solution Ltd in an appeal to the Privy Council from Mauritius. This case concerned the so-called “fraud exception” in relation to letters of credit.
Federal Republic of Nigeria v Tibit (BVI)
Recovery of a Bombardier Global 6000 Executive Jet purchased using the proceeds of a corrupt oil deal.
C-Care (Mauritius) Ltd v Employment Relations Tribunal.
Acting for the ERT, in an appeal to the Privy Council concerning a challenge to its award concerning a large-scale redundancy of hospital employees by a healthcare business.
Emtel Ltd v Mauritius Telecom Ltd & Others
Acting for Cellplus Mobile Communications Ltd, a subsidiary of Mauritius Telecom Ltd, in an appeal to the Privy Council concerning a substantial damages award (554m rupees) for concurrence deloyale (essentially unlawful competition), based upon alleged breaches of licence conditions arising out of cross-subsidisation by the parent.
Responsible Developmemt for Abaco Ltd v Christie & Others
Acting for the government of The Bahamas in an appeal arising out of a dispute concerning objections to a marina development in Abaco, on environmental grounds. The judgment gives important guidance on the availability of security for costs in public law disputes.
CCare (Mauritius) Ltd v Employment Relations Tribunal
Acting for the Employment Relations Tribunal of Mauritius in an appeal concerning the correct treatment of delay in applications to that tribunal.
St Nicholas Grammar School v Arnulphy
Acting for the Fair Rent Tribunal of Mauritius in an appeal concerning the correct approach to the determination of fair rent.
Angteeah v Bathfield
Acting for the Ministry of Housing and Lands of Mauritius in an appeal concerning the doctrine of the condition suspensive in Mauritian law.
Marr v Collie
Acting for a Bahamian property investor in an appeal concerning constructive trusts and the application of Stack v Dowden in The Bahamas, in relation to investment properties.
Receivers of a Cayman Islands Segregated Portfolio Company on Behalf of ALFF v RH (and 11 others)
Unlawful means conspiracy, breach of contract and duty, and dishonest assistance.
DPP v Binance Holdings Limited and Ors
Civil Recovery proceedings (shāzhūpán) against Binance and Ors. in the Cayman Islands
Our Caribbean and the Americas Barristers
For a confidential conversation please contact Chief Executive and Director of Clerking, Sam Carter.
“The clerks always go above and beyond to assist. They understand the needs of instructing solicitors, particularly in identifying suitable counsel for cases”
Chambers & Partners
“A friendly and integrated service. The clerks systems and client handling are excellent - with a can-do attitude, enabling easier planning on my side.”
Legal 500
People / Barristers
Address
For a confidential conversation please contact Chief Executive and Director of Clerking, Sam Carter.
“The clerks always go above and beyond to assist. They understand the needs of instructing solicitors, particularly in identifying suitable counsel for cases”
Chambers & Partners
“A friendly and integrated service. The clerks systems and client handling are excellent - with a can-do attitude, enabling easier planning on my side.”
Legal 500
People / Barristers
Address
For a confidential conversation please contact Chief Executive and Director of Clerking, Sam Carter.
“The clerks always go above and beyond to assist. They understand the needs of instructing solicitors, particularly in identifying suitable counsel for cases”
Chambers & Partners
“A friendly and integrated service. The clerks systems and client handling are excellent - with a can-do attitude, enabling easier planning on my side.”
Legal 500
People / Barristers
Address