Richard Brown

Partner

Richard is a partner practising BVI law from Carey Olsen’s London office. Richard's practise encompasses all aspects of BVI commercial disputes, but with a focus on insolvency, fraud and asset recovery, shareholder disputes and contentious trust matters. Richard has particular experience of obtaining interlocutory relief such as freezing injunctions and Norwich Pharmacal orders, often in support of foreign court proceedings or arbitrations.

Richard's location in London enables him to advise clients in the EMEA region in a convenient time zone, and he works closely with the BVI-based litigation team to provide a seamless service to clients. 

Richard is a solicitor advocate and has successfully represented clients as advocate in matters before both the BVI Commercial Court and the Eastern Caribbean Court of Appeal. He has been listed as a 'Next Generation Partner' in Legal 500, and clients describe him as "smart and very client-focused" and "particularly strong in fraud and insolvency litigation".

Examples of Richard's recent cases include:

• Acting for a BVI company in relation to "Black Swan" injunction proceedings, successfully appearing as advocate in both the Commercial Court and Court of Appeal (setting aside injunction and resisting stay) and advising on related proceedings in London
• Acting for an African state in proceedings to recover the proceeds of a corrupt oil deal from a BVI company (appearances as advocate and as junior to London leading counsel)
• Acting for the liquidators of Exential Investments Inc, which was involved in a substantial Ponzi scheme leaving 1000s of investors out of pocket. Obtained the first reasoned judgment from the BVI Commercial Court approving a third party funding arrangement to enable investigations and recovery proceedings
• Acting for the UK administrators of an English FCA-regulated entity pursuing losses of c. US$250 million from a BVI company, successfully appointing liquidators in the BVI and advising on recovery strategies 
• Successfully acting for a London-based creditor of a BVI company in proceedings relating to a third party challenge to the liquidator's admission of its claim – the challenge was unsuccessful and the creditor was paid out in full, with interest
• Obtaining third party disclosure (Norwich Pharmacal) orders against BVI corporate agents for the disclosure of confidential information to identify and pursue claims in the BVI and elsewhere
• Advising various lenders on strategies for the enforcement of security held over shares in BVI companies and on issues arising from receivership appointments
• Advising the directors of various distressed or insolvent companies as to their obligations and prospective liabilities
• Advice in relation to interim relief in support of foreign arbitration proceedings and enforcement of arbitral awards

Career

Richard started his career with Hogan Lovells in London, where he practised for eight years prior to moving to the BVI in 2013. Richard gained his higher rights of audience in the English Courts in 2010 and was admitted as a solicitor advocate in the BVI in 2013. Between 2015 and 2017, Richard worked for Carey Olsen in Jersey.

He is a member of the Insolvency Lawyers Association, R3, INSOL, RISA, and the Commercial Fraud Lawyers' Association.