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

Client Advisories