Brian Child - Partner, Campbells BVI - Litigation, Insolvency & Restructuring

Overview

Brian has over 32 years’ experience as a barrister and is a partner in our Litigation, Insolvency & Restructuring Group. He has significant experience of complex international insolvencies, restructurings and security enforcement. He has specific experience of contentious and non-contentious corporate liquidations, bankruptcies, receiverships, restructurings, reorganisations and related litigation matters. Brian also has experience of complex multi-jurisdiction fraud recovery, asset-tracing and shareholder disputes including asset freezing injunctions, disclosure and search orders.

Prior to joining Campbells in 2014, Brian was of counsel to a Virgin Islands law firm. Prior to moving to the Virgin Islands in 2010, Brian practised law (latterly as a partner) with two large, international, leading commercial law firms in Canada where, among other experience, he was lead Canadian counsel for Bank of China in relation to a case which was (at the time) the largest publicly-acknowledged fraud in China’s history. Brian has been appointed by the Supreme Court of British Columbia as an independent supervising solicitor in relation to the service and execution of Anton Piller Orders and has sat as an examiner on the oral boards for candidates examined for licences as trustees in bankruptcy (Industry Canada).

Brian was admitted as a Barrister and Solicitor of the Supreme Court of British Columbia in 1987 (now non-practising) and was admitted as a Barrister of the Eastern Caribbean Supreme Court (Virgin Islands) in 2013.

Expertise

Corporate Insolvency and Restructuring (liquidations and receiverships)
Contentious Liquidation matters (mutual funds and trust litigation, creditor claims and shareholder and creditor disputes)
Cross Border Fraud Investigation and Asset Tracing and Recovery (tracing claims, disclosure orders, freezing injunctions)
Regulatory (telecommunications industry)
Litigation (general)
Jurisdiction disputes

Work Highlights

Acting for a Singapore company regarding claims in excess of USD100 million brought against it by a large Russian manufacturer. Advice regarding BVI law was provided in relation to proceedings in the BVI, California, Tennessee, Singapore, Cyprus and England. The success had in the Court of Appeal resulted in a further appeal by the Russian manufacturer to the Judicial Committee of the Privy Council which, in turn, assisted in arriving at a successful settlement of the worldwide claims.
Acting for a BVI telecommunications company in relation to judicial review proceedings regarding decisions made by the BVI Telecommunications Regulatory Commission.
Acting for a group of Cypriot clients in relation to claims brought against them in significant Russian- and Cypriot- based claims.
Acting for the Joint Liquidators in a cross-border liquidation matter involving advice in relation to and proceedings in the British Virgin Islands, Cayman Islands, United States, Hong Kong, Singapore and the PRC to seek to recover misappropriated funds and provide the requisite BVI and Cayman law advice in relation to aspects of those proceedings.
Acting as mediator in a confidential mediation resulting in the settlement of claims between the parties which had been the subject of foreign proceedings and which were satisfactorily and efficiently settled as a result – and in so doing repaired the relationship between the parties resulting in a renewal of trading between them.
Advising the liquidator in the British Virgin Islands regarding a large multi-jurisdictional liquidation involving litigious matters within the estate, including recognition proceedings in St Vincent and the Grenadines and an appeal to the Court of Appeal which resulted in the successful settlement of the disputes.
Providing independent evidence as an expert in relation to BVI law in relation to arbitration proceedings in Switzerland.

Qualifications and Admissions

Barrister, Eastern Caribbean Supreme Court (Virgin Islands), 2013 (practising)
Legal Education Certificate, Hugh Wooding Law School, University of the West Indies, Trinidad, 2013
Accredited Mediator, London School of Mediation, 2011
Barrister and Solicitor of the Supreme Court of British Columbia, Member of the Law Society of British Columbia, 1987 (non-practising)
B, University of British Columbia, 1986
A., double major in History and Political Science, University of Victoria, 1982

Prior Career History

Forbes Hare, BVI
Davis LLP (now DLA Piper), Canada
Fasken Martineau DuMoulin (formerly Russell & DuMoulin), Canada
Ferguson Gifford, Canada

Professional Associations

Member, RISA (BVI) (contributor regarding submissions on technical issues)
Member, BVI Bar Association
Member, International Bar Association
Member, INSOL International
Treasurer, Canadian Bar Association, Insolvency Subsection, British Columbia Branch (1997-2010)
Frequent Course Chair and Lecturer, Continuing Legal Education Society of British Columbia (1996-2010)

Recognition and Awards

Ranked in Chambers and Partners and in The Legal 500.

Publications and News

Articles

Campbells Authors Cayman & BVI Chapters of GTDT Market Intelligence. Our attorneys share their views on current market conditions and developments in BVI and Cayman law.
Campbells Contributes to Legal 500 BVI Restructuring & Insolvency Country Comparative Guide 2020. This country-specific Q&A provides an overview to restructuring & insolvency laws and regulations that may occur in the British Virgin Islands.

Client Advisories

The Privy Council clarifies an aspect of the approach to determining the appropriate forum. Livingston Properties Equities Inc. and others (Respondents) v JSC MCC Eurochem and another (Appellants) [2020] UKPC. This advisory relates to applications to set aside service out of the jurisdiction and for a stay of proceedings in the British Virgin Islands.
His Master’s Voice: The Privy Council clarifies the application of the doctrine of ostensible authority and the Duomatic principle. The Duomatic principle concerns shareholders’ informal approval of a company’s actions. Provided that the shareholders’ approval is unanimous and given with full knowledge of what they are approving, their informal assent to a course of action, whether given prospectively or retrospectively, will be as binding as a resolution passed at a general meeting.