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Jerry D. Samuel

合伙人 Partner

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Global Restructuring Review 100 2020

Jerry Samuel is a Partner in Conyers’ BVI Litigation and Restructuring practice. He is one of the most established advocates in the BVI with over 18 year’s experience before the Commercial Court, and frequently appears in complex matters before the Commercial Division of the High Court and the Eastern Caribbean Court of Appeal. Jerry specialises in shareholder disputes, cross-border insolvency, enforcement of judgments and arbitration awards, asset tracing and urgent interim relief, and regularly advises on all aspects of compulsory liquidations and contentious redemptions and probate actions.

Jerry’s broad commercial experience includes advising and representing major financial institutions, insolvency and bankruptcy practitioners, trade creditors, high net worth companies and individuals, across a wide range of countries and regions including Asia, Europe, England, the USA, Russia, Brazil, Cyprus, Angola, Egypt, Nigeria, South Africa, in addition to the BVI.

Jerry has been involved in many of the jurisdiction’s most notable cases over the years, including: advising extensively on interim relief and insolvency actions in connection with the Kaupthing Bank financial crisis (2008-2011); advising and representing PJSC VTB Bank in enforcement actions, obtaining urgent interim relief and implementing cross-border insolvency measures related to enforcement of the bank’s security and foreign judgments (2012-2014); and advising and representing Fuchs Petrolub SE in a major unfair prejudice dispute (2011-2014), that led to a six week trial before the BVI Commercial Court and consequential appeals. He also advised a number of high-value trade creditors in connection with the Pacific Andes debt crisis (2016-2017).

Jerry recently advised several companies on resisting and obtaining appointment of liquidators or ‘soft-touch’ provisional liquidations and representing minority shareholders in the BVI’s leading shareholder derivative action before the Commercial Court and the Court of Appeal in relation to King Bun Limited (2017 to present). He was also recently involved in advising on restructuring and insolvencies arising as a result of the Evergrande Group crisis, as well as advising foreign bankruptcy trustees on asset tracing and foreign assistance relief under the Insolvency Act. In addition, Jerry regularly advises on issues related to Norwich Pharmacal relief, Mareva relief, receiverships, insolvent liquidations and voidable insolvency transactions.

Jerry is consistently recognised by the leading legal directories, which commend him as being both versatile and client focused. Jerry has the ability to represent clients as the lead advocate on highly contentious matters, and capably assists lawyers in other jurisdictions with case strategy on complex cross border disputes. Recent Legal 500 testimonials laud Jerry as being “singled out as first class, extremely hard working and very client focused” and “very commercially minded, an experienced litigator, and really trusted by clients as a safe pair of hands”.

Jerry is often sought out for his thought leadership and has presented at several international conferences on fraud and asset tracing. He also remains involved in the local BVI community as a Notary Public, a member of the BVI Bar Association and the Chartered Institute of Arbitrators, and is a founding member of the Recovery and Insolvency Specialists Association (BVI). He is also a former member of the Fintech Steering Group and the Judicial and Legal Services Commission (BVI), and is a former board member of the Telecommunications Regulatory Commission. He currently serves as the Deputy Chairman of the Virgin Islands Recovery and Development Agency.

Prior to joining Conyers in 2008, Jerry obtained his Bachelor of Laws Degree (Hons.) from Cardiff University Law School in 2004 and was called to the Bar of England & Wales in July 2005 by the Honourable Society of Lincoln’s Inn. He was further admitted to the Bar of the Eastern Caribbean Supreme Court (Virgin Islands) in September 2005.

Experience Highlights

  • Acting for a major bank in a complex matter involving claims for breaches of duty, breaches of trust, applications for injunctive and declaratory relief and damages in connection with recovery of facilities worth circa £650 million.
  • Acting for joint liquidators in connection with various insolvency proceedings and investigations involving nine BVI companies connected with the Kaupthing Bank financial crisis.
  • Acting for the respondent to an appeal involving successful claims for unjust enrichment.
  • Acting for the respondent in an unfair prejudice trial and related appeal.
  • Acting for a major bank to register and enforce foreign judgments worth circa US$30 million and obtain interim Mareva relief ancillary to the enforcement action.
  • Acting for the defendant in successfully resisting an unfair prejudice claim.
  • Acting for a trade creditor in successfully resisting an application to set aside a statutory demand.
  • Acting for a major bank to register and enforce an English judgment worth US$291 million against shares in a BVI company and obtaining charging order against such shares.
  • Acting for an insurer in a liability dispute involving applicability of limitation convention under the BVI Merchant Shipping Act and limits to cost recovery on appeal.
  • Acting for trade creditors in support of liquidation proceedings.
  • Acting for an executor to successfully resist an abusive contentious action under the non-contentious Probate Rules and resisting fresh evidence on appeal.
  • Acting for an applicant to obtain directions in connection with a contentious redemption under section 179 of the BVI Business Companies Act.
  • Acting for minority shareholders in the BVI’s leading derivative action (and related appeals) to obtain judgments for liability and equitable compensation worth circa US$96.8 million against directors for breaches of statutory and fiduciary duties and fraud on the minority shareholders.

Professional Background

  • Litigation Associate, Walkers, BVI

Education

  • Cardiff Law School – Centre for Professional Legal Studies, Bar Vocational Course (2005)
  • Cardiff University Law School, LLB (2004)
  • Carleton University, M.A. (Hons) Political Economy (2000)
  • Florida A&M University, B.S. (Hons) Business Economics (1995)

Bar Admissions

  • Eastern Caribbean Supreme Court (Virgin Islands), 2005
  • England & Wales, 2005 (not currently practicing)

Awards & Accolades

  • Recognised in the 2024 edition (and 2012-2021) of Legal 500 Caribbean (dispute resolution)
  • Recognised in the 2020 edition (and 2019) of Global Restructuring Review 100
  • Recognised in the 2018 (and 2017) edition of Who’s Who Legal (asset recovery)

Associations

  • Member, BVI Bar Association
  • Member, INSOL International
  • Member, Recovery and Insolvency Specialists Association (BVI)
  • Member, Chartered Institute of Arbitrators
  • Member, Judicial and Legal Services Commission

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