Alex Potts, QC

Qualifications

  • Qualified in England and Wales
  • Qualified in Bermuda
  • Qualified in Cayman Islands

Alex is a partner in our Bermuda office. He is admitted as a barrister and an attorney in Bermuda and in England and Wales, and he was appointed as a Queen’s Counsel of England and Wales in 2018. Alex was also admitted to the Cayman Islands Bar in 2005.

With a particular focus on complex disputes, Alex handles matters in the fields of banking, financial services, investment funds, (re)insurance, professional negligence, company law, trusts, asset recovery and contentious insolvency; his practice also extends to matters of public, constitutional and administrative, regulatory, telecommunications, employment, planning, and environmental law.

Alex has conducted cases and appeared as leading counsel before a variety of first-instance and appellate courts, arbitration tribunals, and regulatory tribunals, in England and Wales, Bermuda and the Cayman Islands. He is frequently instructed as counsel in ‘Bermuda Form’ international insurance arbitrations, and associated legal proceedings.

Alex has also provided expert evidence on Bermuda law and English law for use in foreign legal proceedings.

Alex is a member of a number of professional organizations including: INSOL International, COMBAR, and the Chancery Bar Association.

He is also an active member of the Legal Focus Group and the Trust Law Reform Sub-Committee of the Bermuda Business Development Agency, a committee member (currently the Secretary) of the Restructuring and Insolvency Specialists Association of Bermuda, and an appointed member of Bermuda’s Copyright Tribunal.

Alex is the author of many publications on issues of Bermuda law, and he is regularly invited to speak at conferences and seminars, both in Bermuda and internationally.

Market recognition

  • Recognised by Who's Who Legal Insurance & Reinsurance 2019 Analysis
    "Alex Potts QC is a very well-regarded litigator who is frequently recognised by respondents for his expertise in insurance and reinsurance matters."
  • Ranked as an 'Insurance and Reinsurance' leading individual and recommended lawyer (Tier 3) by The Legal 500: Caribbean 2019
  • Notable practitioner (Band 1) for 'Dispute Resolution' (Bermuda)
    Alex Potts QC took silk in 2018 and has a wealth of experience in both litigation and arbitration. Sources describe him as being "among the best" in Bermuda, with one client going so far as to call him "the cream of the crop: focused, knowledgeable, articulate, organised and forthright."
    Chambers Global 2019
  • Alex Potts is an "excellent lawyer" who advises on a wide array of complex issues. He has a "very good presence in court and in arbitration". 
    Who's Who Legal 2018
  • Alex Potts is an experienced practitioner who is noted by interviewees for his insolvency expertise. He also handles a wide range of other commercial disputes, including insurance, trusts and investment funds cases. Sources say: "He is very good lawyer in terms of analysing the law. His written work is first-class and he is an effective advocate."
    Chambers Global 2018
  • Alex Potts is an "excellent litigator", who is "always well prepared and on top of the issues"., Alex Potts is "highly responsive and client focused".
    Legal 500 2017/2018

Work highlights

  • S v T [2018] SC (Bda) 9 Civ (Court appointment of third arbitrator)
  • One Commmunications Ltd et al v Regulatory Authority of Bermuda [2017] SC (Bda) 97 Civ (Judicial review of Market Review of telecommunications sector; and enforceability of ex ante remedies against entities with Significant Market Power under the Regulatory Authority Act 2011 and the Electronic Communications Act 2011)
  • Chubb Bermuda v Ford Motor Co [2017] SC (Bda) 88 Civ (Injunction to restrain misuse of privileged and confidential taxation information; implied undertaking; waiver)
  • In the matter of Opus Offshore [2017] SC (Bda) 14 Com (application to appoint provisional liquidators, competing nominations and competing winding up petitions)
  • Allied World Assurance Company Ltd & Ironshore Insurance Co Ltd v MF Global Assigned Assets LLC & MF Global Holdings Ltd [2017] SC Bda 6 Com (Enforcement of arbitration agreement governed by Bermudian procedural law, anti-suit injunction, mandatory interim anti-suit injunction, restraint of Adversary Proceeding before US Bankruptcy Court)
  • Telecommunications Networks v Regulatory Authority of Bermuda [2016] SC (Bda) 91 Civ (Appeal under section 96 of the Regulatory Authority Act 2011, application for interim stay pending appeal, application to strike-out appeal, application for 4G spectrum lots, Electronic Communications Act 2011, whether statutory scheme permits or requires positive discrimination to promote competition, waiver of right to object to procedural aspects of ‘request for application’ process)
  • CBM Agente de Valores v PPF Life Assets Fund [2016] SC (Bda) 76 Com (closed-ended mutual fund; contributory's winding up petition on just and equitable grounds; loss of substratum; Mareva (freezing) injunction; post-petition dispositions and validation orders under section 166 of the Companies Act 1981)
  • Kingate Global Fund Ltd et al v Kingate Management Ltd et al [2016] Bda LR 4 (summary dismissal of a strike-out application involving serious and prolonged argument on controversial points of law in developing areas of jurisprudence)
  • Majuro Investment Corporation v Timis et al [2015] SC (Bda) 87 Civ (application to set aside service outside of the jurisdiction of Bermuda; RSC Order 11, rule 1(1)(c), anchor defendant, and ‘necessary and proper party’ test; derivative actions under Bermuda law; standing of parties that are not registered shareholders; effect of insolvency and appointment of UK Administrators; failure to give full and frank disclosure)
  • Patriot Group v Hilco [2015] SC (Bda) 32 Civ (Letter of Request gathering evidence for use in foreign proceedings; impermissibility of pre-trial discovery; obligations of full and frank disclosure in ex parte applications; conditions to be imposed on Examination Orders; recovery of legal costs and witness expenses)
  • In the matter of A Trust [2012] SC (Bda) 72 Civ (Court granted anti-suit injunction to trustee of Bermuda law trust restraining beneficiary from asserting hostile claims in foreign Court)
  • In the matter of Stewardship Credit Arbitrage Fund Ltd [2008] Bda LR 67 (Court appointed provisional liquidators over hedge fund (Petters feeder fund); rights of redeemed investor and status as creditor; inability of fund to restate NAV in the event of mistake; winding up on insolvency and just and equitable grounds)

 

Publications

Market recognition
  • Chambers Global 2019 Alex Potts QC

    Alex Potts QC - Chambers

  • car leading individual 2019

    Alex Potts QC - Legal 500 Leading Individual

  • car recommended lawyer 2019

    Alex Potts QC - Legal 500 Recommended Lawyer