Stuart Cullen Counsel
British Virgin Islands
+1 284 852 2567
+1 284 346 2011
Expertise and Professional Background
Stuart Cullen is counsel in our BVI Litigation and Insolvency team and is currently seconded to our Hong Kong office. He joined Harneys in April 2015 having practised for over six years at the Independent Bar in London, where his work focussed on chancery and commercial matters. He was regularly instructed and appeared in court on both corporate and personal insolvency matters. In addition he spent two years as an employed barrister in the City, where he worked on major insolvency related cases including the Landsbanki insolvency and related litigation (at Squire Sanders) and the BTA Bank v Ablyazov litigation and receivership (at Stephenson Harwood).
Stuart originally qualified and started practice at the Bar in Dublin. He remains a door tenant in chambers in London and an external member of the Law Library, Dublin.
- Presently acting, including appearing in court, for the provisional liquidators in the application for the winding up of two BVI companies with debts in excess of US$1.5 billion. The debtor companies are linked to the Brazilian OAS Group – currently subject to a judicially supervised restructuring procedure in Sao Paolo – which was a focus of the lava jato corruption investigation. Involving proceedings in BVI, Brazil and New York, the case has raised significant cross-border insolvency issues and questions as to the residual powers of directors of BVI companies subject to insolvency processes.
- Acting for Landsbanki Islands hf, in various proceedings including an application to stay all litigation against the insolvent Icelandic banks under EU Directive 2001/24 on the Reorganisation & Winding Up of Credit Institutions.
- Acting for a Defendant subject to the largest ever pre-judgment Receivership ordered in the English courts in a US $2.4 billion claim, the largest case then before the Commercial Court.
- Appearing, led by silk, in the General Court of the EU in successful challenge to a European Commission decision: Atlantean v Commission (T-192/03).
- Wide ranging arbitration experience, including acting as sole counsel in a multi-million pound LCIA Arbitration arising from an alleged corporate raid on a Russian company.
- Regularly advising creditors on approach to recovery of debts from insolvent and suspected insolvent debtor companies.
Stuart is a member of the Chancery Bar Association, the Chartered Institute of Arbitrators and the London Common Law and Commercial Bar Association.
Stuart was awarded a distinction for his Master's dissertation on Cross-Border Insolvency Law, under Professor Ian Fletcher at University College London.
- Chancery Bar Association
- Chartered Institute of Arbitrators
- London Common Law and Commercial Bar Association
Stuart is recommended by Legal 500 in their BVI rankings.
Education & Admissions
University College Dublin (BA) 2001
University College London (LLM) 2004
University College Dublin (Dip. Arbitration) 2006
British Virgin Islands 2015
England & Wales 2006
Restructuring and Insolvency
BVI Litigation & Insolvency
In a recent decision in the case of TIPP Investments PCC v. Chagala Group Ltd. et al (BVIHCM 102/2016), Mr Justice Davis-White clarified the issue of the standing of beneficial shareholders that we highlighted in our previous article. As we had said... read more