LENNOX PATON - Key Persons
Alfredo N. P. Moraes v. Paulista Ltd - appeared as counsel in the Supreme Court and Court of Appeal for Mr Moraes, a minority shareholder, in bringing substantial claims against the company and its directors for mismanagement.
Aquelle is an Associate in the firm's Litigation department and works directly under Brian Simms KC, Senior Partner and Head of Litigation. Her practice covers corporate and commercial litigation, contractual disputes, insolvency and restructuring, trust disputes, and fraud cases.
Arthur is head of the firm's Trusts and Foundations Group.
He has vast experience of the Bahamian legal system and government departments. He started his career as an assistant crown counsel at the Office of the Attorney General, doing both chambers and court work on a wide range of corporate, property and commercial matters.
Arthur has an established local and international clientele, consisting of both private individuals and financial and other institutions. His reputation and work in private wealth is consistently recognised in the Chambers High Net Worth Guide where he is ranked as a leading individual. He is described by clients as "smart, insightful, experienced, diligent and very professional".
Arthur Seligman is a "very sophisticated lawyer and well connected within trust and banking industry."
"He has great judgement, is very reliable and deals with everything in a way that the client is always happy."
"He is very good on the legal side - he is excellent at drafting, you can rely on him for a lot of documentation,"
Banque Havilland (Bahamas) Ltd v. Christophe Mazurier et al - acting as lead counsel for Bank Havilland Bahamas Ltd in relation to its multi-million dollar claim against certain former directors for, inter alia, breach of fiduciary duties.
Job Titles:
- Callenders & Co & Americas International Bank Corporation Limited Et Al ( Ongoing )
Ben Thompson v Callenders & Co & Americas International Bank Corporation Limited et al (ongoing) : Advising and appearing for the Liquidator of Americas International Bank Corporation Limited in respect of claims involving the Estate of the late Anna Nicole Smith.
Brian C. Simms QC and Hon. David Hayton, Vulnerability of Offshore Trusts - Recent Developments, published in the conference materials for the Offshore Alert Conference held in Miami, FL (May 2012)
Job Titles:
- Founding Partner
- Senior Partner
Senior Partner Brian Simms QC is highly esteemed in the Bahamas as one of the jurisdiction's leading litigators. He draws particular acclaim for his work in the financial services sector, and has a wealth of experience handling disputes stemming from insolvency and liquidation proceedings. (Chambers Global 2021)
Brian Simms QC is a hugely admired practitioner in this market. One of Simms' Bahamian peers reports that "he does some big trust litigation work and is one of the few attorneys on the island to do this to a high level." A local fiduciary describes Simms as "a brilliant litigator and a steady hand," adding that "he has very interesting thoughts on complex matters and is good to bounce ideas off." Simms also attracts strong praise from onshore lawyers for his work on high-value Bahamas trusts cases. One such source says that, on a recent matter, Simms was "very focused, very efficient, highly experienced and well regarded - a pleasure to work with." (Chambers HNW 2020)
Brian Simms QC is "the best litigation lawyer in the Bahamas," states one interviewee, explaining: "He prepares well and is excellent in court."
Another adds: "He really understands clients' objectives, he is very familiar with the legal framework and is very good at marrying the two skills of client handling and legal expertise."
A legal market source comments: "I have been very impressed by the extent of his knowledge and the thorough preparation he has put in. He get his point across well and ensures he gets to the heart of the matter." Peers further describe him as "focused, tenacious, and an all-around great lawyer."
Who's Who Legal says: Brian Simms QC is "a no-nonsense and pragmatic lawyer" who sources would "certainly recommend" for asset recovery matters.
He was made a Queen's Counsel in 2009 and is instructed in the most substantial Bahamian and international offshore cases.
Consistently ranked in Band 1 by Chambers Global and Chambers High-Net-Worth, Brian is praised for the quality of his work and expertise in commercial litigation, trust disputes, insolvency and fraud cases. He is described by clients as "a top offshore Silk" and "the best litigation lawyer in the Bahamas".
Brian Simms KC is the Senior Partner of the firm and the head of its Litigation and Insolvency & Restructuring Groups. He is one of the Bahamas' leading advocates and has vast experience in the Supreme Court and the Court of Appeal, in addition to having appeared a number of times in the Privy Council.
Burt Kroner v. Gonet Bank & Trust Ltd - acting as counsel for Mr Kroner in his action against trustees for breach of fiduciary duties in paying away a significant portion of the trust funds to fraudsters.
Since joining the Banking and Finance Group at Lennox Paton in 2006, Castino has worked with leading practitioners from around the world on cutting-edge deals. He is consistently ranked as a ‘leading lawyer' by The Legal 500 Caribbean and the IFLR1000.
He recently advised Frontera Energy Corporation in its issuance of unsecured notes in the amount of US$ 350 million at a coupon rate of 9.70% and maturity in 2023. The transaction involved Frontera Energy Corporation's subsidiaries in The Bahamas. The Frontera Energy deal won the ‘Corporate Bond Deal of the Year' at the Bonds & Loans Latin America Awards 2019.
He has advised a Bahamas-based investment fund that entered into a settlement agreement with the trustee appointed in the winding up of Bernard L. Madoff Investment Securities LLC. As a part of the settlement agreement, the trustee agreed with the fund having an allowed claim in the Madoff liquidation of more than $1 billion. The allowed claim was assigned to a special purpose vehicle in exchange for shares in the capital of the special purpose vehicle (each share initially represented a notional amount of $1 of allowed claim). The allowed claim was securitized and sold at auction to distressed debt investors. This transaction was quite unique at the time, as it enabled investors in the fund to monetize their interest in the allowed claim.
Castino is currently acting for European based player in the oil & gas industry that is seeking to acquire oil &gas target assets in Malaysia, New Zealand and Mexico. The transaction is being structured as a share sale transaction and involves obtaining regulatory approval in a number of jurisdictions, most notably Malaysia. Castino is advising on the Bahamian law aspects of the proposed acquisition which involves a number of Bahamas domiciled target entries.
Christopher's work covers the full spectrum of commercial practice, with an emphasis on property litigation, mortgagee remedies, insolvency advice and representation, asset recovery and shareholder disputes.
He regularly appears at Supreme Court and Court of Appeal level and is accustomed to working alongside UK and US-based legal, insolvency and accounting teams in cross-border matters.
Christopher trained and practiced as a litigator for a top 15 solicitors London firm before relocating to the Bahamas. He was called to the Bahamas Bar in 2005 and became a partner in the firm in 2011.
Christopher Jenkins is a well-regarded disputes lawyer with a wide-ranging practice. He regularly represents clients in commercial and property litigation, with further expertise in insolvency and asset recovery. (Chambers Global 2021)
According to one source, litigator Christopher Jenkins is "a very pragmatic individual who thinks outside the box and finds resolutions." He typically acts on disputes relating to real estate transactions, and offers complementary expertise in insolvency and asset tracing. (Chambers Global 2020)
Christopher Jenkins is always available and responsive. (The Legal 500 Caribbean, 2020)
Christopher Jenkins is regarded as a sound choice for high-value commercial litigation. His practice has a strong emphasis on insolvency and real estate litigation. Fellow practitioners agree that he is one of the leading lawyers in the market. (Chambers Global 2019)
Christopher Jenkins is particularly noted for his expertise in insolvency, shareholder and construction disputes. Interviewees highlight him as a responsive and "very good younger lawyer." (Chambers Global 2018)
Market sources view Chris Jenkins as a "very impressive" litigator and one of the firm's most notable talents. He has particular experience in insolvency and construction cases. (Chambers Global 2017)
Job Titles:
- Founding Partner
- Partner
- Head of Real Estate
David Johnstone heads our Real Estate, Resort Development, and Private Client Groups. He is the clear industry leader in representing resort developers in all aspects of resort development, including acquisition, financing, regulatory approvals, development, master planning and sales programmes. He has extensive regulatory experience, including drafting applications to the Bahamas Investment Authority, drafting heads of agreement, and drafting and negotiating subdivision and utility agreements with Government.
David has established himself as the go-to legal adviser in master-planning mixed-use resorts with varied residential and amenity components, including subdivisions, condominium, condohotel and timeshare components. He has structured complex condohotel programmes for homeowners' associations, and advised on structuring golf club and marina club programmes for many of the county's largest resorts.
Additionally, David has established himself as an expert in representing high net worth private clients in real estate acquisitions and economic permanent residency matters. He has extensive experience in secured financing transactions, construction and mezzanine financing, securitisation and residential and commercial lease transactions.
David has specialist experience in:
Resort and hotel acquisition, financing and regulatory approvals
Condominium and condohotel declarations/structures
Master planning resort communities
Timeshare development and marina clubs
Homeowners and condominium associations
Private client conveyancing and economic permanent residency
Secured financing transactions
Head of Real Estate David Johnstone maintains his standing at the fore of the country's property market. He acts for a range of notable international developers, as well as lenders, on the development of commercial and residential property, hotels and resorts, marinas and other types of real estate. He additionally assists with sales, acquisitions, financing and regulatory compliance. (Chambers Global 2021)
Dr David Hayton LLD (Cantab) LLD (Newcastle Univ) TEP (Hon) ACTAPS (Hon), Barrister and Bencher of Lincoln's Inn, London, Fellow of King's College London, was a full-time Judge of the Caribbean Court of Justice in Trinidad from July 2005 to July 2019. As a member of the CCJ and one of the Court's longest-serving judges, he has been described by advocates and fellow judges as an "intellectual giant" and "a jurist of international repute." He is also a part-time Judge on The Court for Trusts and Fiduciary Relations in the Republic of San Marino, Italy (since 2015).
David joined Lennox Paton in early September 2019 as a Consultant, his practice spans the firm's Trust and Litigation groups. He provides legal opinions, litigation support and acts as an expert witness in Trust Law and Arbitration.
He has contributed over 50 papers to learned journals and authored or edited sixteen books in the area of trusts (including Underhill & Hayton, Law of Trusts & Trustees), property, succession and tax. He is thus arguably the leading authority in the United Kingdom and Europe on trust law.
Dwight obtained an LLB from the University of Hertfordshire in the UK and was called to the Bar of England and Wales at Inner Temple in 1998. He was called to the Bar in The Bahamas shortly afterwards and has practiced mainly in this jurisdiction ever since.
Grupo Torras Litigation (1998-2006) - appeared in the Bahamas on behalf of Grupo Torras in a number of cases involving tracing claims, freezing orders and trust busting claims. Recoveries made in excess of $200 million. Advised as part of the global team in relation to actions in other jurisdictions including Re Esteem settlement case in Jersey.
Jamie Liddell is a Partner in our Real Estate Group. He joined Lennox Paton in 2016 and specializes in the (i) representation of private clients in real estate transactions; and (ii) representation of commercial clients in resort development matters.
Jana Ward is an Associate in our Real Estate Group. She advises Bahamian and international clients on all aspects of commercial and residential real estate transactions.
Her practice focuses on:
Representing vendors and purchasers in the sale and acquisition of residential & commercial real estate
Representing mortgagees and mortgagors in secured financing transactions
Drafting commercial and residential leases
Applying for regulatory approvals from the Bahamas Investment Authority and Central Bank of The Bahamas
Advising property owners on real property tax matters
Jana was a student editor of Volumes 30 and 31 of the Denning Law Journal
Laura is a senior associate in our Nassau office, working in the firm's Shipping and Corporate and Commercial Groups. She joined the firm in May 2003 and worked 8 years in our London office.
Laura provides advice to ship owning groups, international law firms and large syndicates of banks on a variety of shipping and ship finance transactions, including vessel registration, bareboat registration, vessel re-flagging, sale and purchase, incorporation of ship owning SPVs, re-financings, and ship mortgage registration.
She maintains a close working relationship with the Bahamas Maritime Authority in London, Nassau, New York and Hong Kong.
Laura also advises international corporate clients on a range of corporate and financial matters.
Laura is a Recommended Lawyer in the The Legal 500 Caribbean, 2021.
Laura studied at McGill University in Montreal, Canada where she graduated with a Bachelor of Arts degree in history in 1998. She went on to study at the University of Buckingham in the UK, where she received a Bachelor of Laws (LLB) in 2000 and various awards for best academic performance and commercial law. Laura also obtained a Master of Laws (LLM) in International and Commercial Law in 2001 and studied the Bar Vocational Course at BPP Law School in London in 2002.
Lethea is an Associate in the firm's Financial Services Group. Her practice is primarily focused on corporate and commercial matters, securities, banking, investment funds, probate, trusts, intellectual property, continuations, insolvency/liquidation, and regulatory compliance. She works routinely with regulators in The Bahamas to assist with the incorporation and licensing of banks and trust companies, investment funds, financial and corporate service providers, and digital asset related companies. She also assists with obtaining business licence approvals and Value Added Tax registration with the Department of Inland Revenue.
Lorris has been a consultant to Lennox Paton since November 2008, having worked in the legal profession for over 40 years. He sat on the Bahamian Court of Appeal for eight years and before that was a Supreme Court Judge in The Bahamas. He also served as a Justice of the High Court of Guyana for 12 years.
He has gained a wide range of experience at the appellate level, having dealt with criminal and civil cases. He's also been involved in numerous arbitrations and has adjudicated on many important local and international decisions. These include Oracle Fund Ltd v. Fortis Fund Services, Grupo Torras S.A. v. Al-Sabah (Trustee of), Central Bank of Ecuador, Globe-X Canadiana Ltd and Samuel Knowles v. Commissioner of Police.
His dissenting judgment in Rhyna v. The Transport and Harbors Department is widely cited in published texts as a locus classicus on the law of negligence.
Background
Lorris practised as general counsel for the bauxite industry in Guyana before his appointment as a High Court Judge in Guyana. He has had many years practising forensic advocacy, both at the private Bar, and as a prosecutor in the Chamber of the Department of Public Prosecutions in Guyana between 1971-1977. He has acquired considerable experience at the criminal Bar. He served as Crown Counsel and Senior Crown Counsel before being appointed Assistant Director of Public Prosecutions.
Lorris then served in industry between 1977-1983, specialising in maritime, commercial, corporate law, civil law and equity. He also has experience in labour and employment law, dealing with extraditions, banking and insurance, building and construction, insolvency, personal injury, equity and trusts, constitutional and family law.
Expertise
Litigation & Dispute Resolution
Insolvency & Restructuring
‘Marco Turnquest: a dynamic partner in Lennox Paton's Bahamas office. He has a detailed knowledge of civil fraud developments within the jurisdiction, and pays considerable attention to detail.' (The Legal 500 Caribbea n, 2021)
‘Marco Turnquest is a top-class commercial litigator who is renowned for his strategic thinking and creativity, and he has considerable experience in commercial fraud.' (The Legal 500 Caribbea n, 2020)
Marco Turnquest is a panelist during the STEP Bahamas Conference...
Metta is recognised as a leading commercial and civil litigator in the Bahamas. Held in high regard by the judiciary and her peers, her submissions in several cases have precipitated amendments to the law. She regularly appears before the Supreme Court and Court of Appeal and has also appeared before the Privy Council in the UK.
Although her experience and practice covers the full spectrum of civil and commercial litigation Metta is particularly well known in the Bahamas legal arena when it comes to insolvency, especially in relation to trust assets held by insolvent companies, in which her approach in the leading Bahamian case - Dominion Investments - was approved by the Court and incorporated in the Bahamian Insolvency legislation.
In addition to insolvency she has developed particular expertise in Proceeds of Crime Act and Mutual Legal Assistance proceedings; Insurance litigation involving high value catastrophic injury, death and property claims, professional negligence indemnity claims; Asset recovery and all forms of Interlocutory relief including injunctions (including Worldwide Freeze orders) disclosure orders (including Norwich Pharmacal orders; electronic discovery); as well as in many less well known areas such as issues involving the Computer Misuse Act and Listening Devices Act in the context of civil proceedings.
Recognised as a leading Family law specialist she is frequently instructed for high net worth international clients who have retired to The Bahamas or have assets here. She deals with divorces, financial provision claims, custody and access disputes and is frequently engaged to negotiate and prepare Pre and Post Nuptial Agreements.
Based in Nassau, Michael is a partner and head of the firm's Corporate and Commercial, Investment Funds and Banking and Finance Groups. He is consistently recommended in the legal directories and has been ranked in Band 1 for Chambers Global 2021 and Chambers High Net Worth Guide 2021.
Michael's areas of practice include corporate, finance, banking, securities, mergers & acquisitions, investment funds, tax, trusts and foundations.
He has spoken at numerous international conferences, has written numerous articles, and has authored several chapters for practitioner texts on Bahamian legal issues.
Michael is former chairman of the Bahamas Financial Services Board (2002-2004), and he is currently deputy chairman of the Securities Commission of The Bahamas (since 2017). He is also a qualified Certified Public Accountant (non-practising) in the United States.
Michael Paton is a highly experienced practitioner who is described as being "very good at trust structuring and general planning matters." He is seen as "a top-level lawyer" who is"very good" for this work. (Chamb ers HNW 2020)
"A superb, brilliant attorney," Michael Paton is a leading practitioner in financial services matters. Additionally, he is praised for his "excellent service" to clients in the trusts and estates arena and is a deft hand at investment fund launches and M&A. (Chamb ers Global 2020)
‘Michael Paton is one of the most renowned lawyers in the Bahamas and is very responsive, practical, knowledgeable and personable.' (The Legal 500 Caribbean 2020)
Michael remains a "key player" at the firm, and receives particular acclaim for his trusts and investment funds work. Market sources praise his combination of "real-world experience" and "very creative" approach. (Chambers Global 2018)
"He is very competent, experienced, available and to-the-point," says a market insider; "he gets things done and is very enjoyable to work with." One source notes that "he is very good on investments," explaining: "He has been actively involved in improving the investment funds law. He is a man of considerable experience. He has very good clients and is technically gifted." (Chambers HNW Guide 2018)
He is regarded as "one of the foremost securities lawyers in the country". (Chambers Global 2017)
Michael handles non-contentious trusts work at Lennox Paton. He focuses on advisory work for private clients and trust companies. Described as "very experienced" and "very knowledgeable," he is a non-practising qualified CPA. Sources also highlight his speciality in investment funds matters. (Chambers HNW Guide 2017)
Michelle is a Partner in the firm's Banking and Finance, Corporate and Commercial, Investment Funds, Private Client Groups. She has considerable experience in the areas of investment funds, securities law, corporate and commercial matters, banking and finance, mergers and acquisitions, employment law, immigration, probate, private client and wealth management matters.
Michelle has written numerous articles and is frequently asked to present at both local and international conferences on her areas of expertise and is ranked by both the International Financial Law Review and Chambers Global. She recently spoke at the ‘Advising your Latin American Families in a Transparent World' conference in Miami, and ‘The Bahamas Blockchain and Cryptocurrency Conference' in Grand Bahama.
Michelle routinely works with both international and local clientele ranging from large financial institutions and international law firms to private individual clients and works closely with the various regulators in The Bahamas.
Michelle was a director of the Bahamas Financial Services Board for the period 2006 - 2010 and again commencing 2017. Michelle serves on the committees for investment funds, securities, foundations and ease of doing business and immigration, and most recently for the Fintech Working Group, playing an integral part in the review of proposed legislation.
Michelle was also the recipient of the Financial Services Development & Promotional award for her contribution to the development of the Investment Condominium and the Ministers Award for outstanding support to the sustainability of the sector.
Michelle Neville-Clarke is "technically competent, passionate about the law and goes above and beyond the call of duty." She handles commercial transactions, financing and securities matters, with notable investment funds experience. (Chambers Global 2020)
Michelle Neville-Clarke has a broad practice which touches on matters in banking and finance, M&A, investment funds and securities. One source cited her as an "excellent" attorney with a "good reputation". (Chambers Global 2020)
Michelle Neville-Clarke has an all-encompassing non-contentious practice, covering banking and finance, M&A, investment funds and employment matters. Market commentators describe her as a "thorough and tenacious individual." (Chambers Global 2019)
Michelle Neville-Clarke‘s practice covers a range of work, including banking and finance, corporate law, M&A, investment funds and employment. She is regarded as a "very good funds lawyer" by market sources. (Chambers Global 2018)
Job Titles:
- Partner
- Member of the Bahamas Bar Association
Ramonne is a member of the Bahamas Bar Association, Young ICCA - International Council for Commercial Arbitration and AIJA-International Association of Young Lawyers.
Ramonne is a Recommended Lawyer in the The Legal 500 Caribbean, 2021.
Scharlee is an Associate in the firm's Financial Services department. She works on various regulatory matters including business licenses, Bahamas Investment Authority approvals, Exchange Control approvals and Securities Commission approvals. She routinely assists with matters concerning incorporation, continuation, redomicilation and liquidation of companies, as well as various trust, securities and digital asset matters.
Sebastian is an Associate in the firm's litigation department, having joined the firm in 2018. His practice covers Litigation & Dispute Resolution, Insolvency & Restructuring, Corporate & Commercial, Trusts & Foundations, Private Client matters, and Real Estate.
Sebastian also has a wealth of advocacy experience, conducting over 300 hearings during his time at his former law firm before both the County Courts and High Courts of London in England, as well as having appeared before the Magistrates Court, the Supreme Court, and the Court of Appeal of the Bahamas. In 2020 Sebastian assisted Lennox Paton in winning the 2020 Society of Trust & Estate Practitioners (STEP) Moot team as a research and advocacy assistant.
Sophia Rolle-Kapousouzoglou continues to enhance her already impressive disputes reputation. One source attested: "She is excellent," going on to describe her as "practical" and "meticulous." She is well versed in handling disputes relating to securities fraud, asset tracing and insolvency.
Job Titles:
- Associate
- Chairman of the Young Lawyers Group of Multilaw
Valdere J. Murphy is an Associate in the firm's Litigation Group. Since joining the Firm in 2018, he regularly appears as lead and junior counsel before the Supreme Court and Court of Appeal.
Valdere is currently the Chair of the Young Lawyers Group of Multilaw for the Caribbean/Offshore Region.
Wilfred is an Associate in the firm's Litigation department and works directly under Brian Simms KC, Senior Partner and Head of Litigation. His practice covers insolvency and restructuring, trust disputes, commercial litigation, personal injury, contractual disputes and fraud cases.
Wilfred has appeared as junior counsel in both the Supreme Court and the Court of Appeal of the Bahamas.