Queen’s Counsel, London, Bermuda, Offshore

Reported Cases

"Alex Potts QC 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 a very good lawyer in terms of analyzing the law. His written work is first-class and he is an effective advocate"."

Chambers Global 2018: Dispute Resolution - Bermuda

Reported Cases

  • Siddiqui et al v Athene Holding Ltd [2019] CA (Bda) 12 Civ (Appeals to the Court of Appeal for Bermuda on jurisdiction, forum non conveniens, and applications to strike out claims alleging breach of confidence and breach of fiduciary duties) 

  • Athene Holding Ltd v Siddiqui et al [2019] SC (Bda) 20 Com (Implied undertaking of confidentiality, refusal of application to permit collateral use of confidential documents, application to recuse judge on grounds of apparent bias)

  • Sannapareddy v Commissioner of Police and Senior Magistrate [2019] SC (Bda) 18 Civ (Judicial review of search warrant)

  • Athene Holding v Siddiqui et al [2019] SC (Bda) 3 Com (Jurisdictional challenge, service out of the jurisdiction under ‘necessary or proper’ party gateway, application to strike out claims alleging breach of confidence and breach of fiduciary duties)

  • In the matter of A Trust [2018] SC (Bda) 53 Civ (Costs of contested application by Trustees for Court approval of a momentous decision)

  • Athene Holding Ltd v Caldera Holdings Limited et al [2018] SC (Bda) 52 Civ (Application to stay proceedings on forum non conveniens and case management grounds; alleged breaches of duties of confidentiality and restrictive covenants in context of insurance company takeover bid)

  • In the matter of the A Trusts [2018] SC (Bda) 42 Civ (Trustees’ application for Court approval of a momentous decision to effect a corporate transaction, contested by beneficiaries)

  • One Communications Ltd et al v Regulatory Authority of Bermuda [2018] SC (Bda) 18 Com (Costs of judicial review proceedings)

  • S v T [2018] SC (Bda) 9 Civ (Court appointment of third arbitrator)

  • BEST v Minister of Home Affairs et al [2017] SC (Bda) 112 App (Planning appeal on environmental grounds in the public interest; material considerations in planning permission applications; conservation of agricultural land)

  • Bermuda Telephone Company Ltd v Regulatory Authority of Bermuda [2017] SC (Bda) 109 Civ (Judicial review of enforcement notice; regulation of telecommunications service providers under the Regulatory Authority Act 2011)

  • One Communications 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)

  • Corporation of Hamilton v Attorney General & Centre for Justice [2017] Bda LR 30 (Powers of statutory corporation; invalidity of statutory instruments; parking regulations)

  • 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 7 Com (application for leave to discontinue proceedings, governing principles, Order 21 rule (3) of the Rules of the Supreme Court 1985, compliance with US Bankruptcy Court Order requiring that Bermuda proceedings be “dismissed” on a without prejudice basis)

  • 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)

  • Jack et al v Minister of Public Works [2016] SC (Bda) 108 Com (Summary judgment, admissions, application to remove counsel as a potential witness, overriding objective, duty to conduct litigation in a proportionate manner, Court’s duty to ensure parties are on an equal footing)

  • 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)

  • Centre for Justice v Attorney General and Minister for Legal Affairs et al [2016] SC (Bda) 64 Civ, [2016] SC (Bda) 72 Civ (judicial review; fundamental rights and freedoms under the Constitution and the Human Rights Act 1981; legality of Referendum (Same Sex Relationships) Act 2016 and Referendum Act 2012; undue influence; neutrality of polling stations)

  • Majuro Investment Corporation v Timis et al [2016] SC (Bda) 22 Com (abuse of process; indemnity costs order; third party costs order; non-party costs order; order for disclosure of identities and addresses of litigation funders)

  • 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)

  • ACE Bermuda Insurance Ltd v Ford Motor Company [2016] Bda LR 1(anti-suit injunction to enforce arbitration agreement; privacy and confidentiality of arbitration materials in the context of Court applications)

  • Bermuda Environmental Sustainability Taskforce v The Minister of Home Affairs [2015] SC (Bda) 90 Com (Environmental Impact Assessments under Bermuda law and international law; land reclamation of the South Basin of Bermuda’s Dockyard for America’s Cup 2017 event village use; material considerations in planning permission applications; finality of planning decisions; planning permission in principle)

  • 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)

  • Bermuda Environmental Sustainability Taskforce v The Minister of Home Affairs [2015] SC (Bda) 71 Com (second Protective Costs Order made by the Supreme Court of Bermuda in the context of a planning appeal brought on environmental and public interest grounds)

  • Kingate Global Fund Ltd et al v Kingate Management Ltd et al [2015] SC (Bda) 65 Com (trial of preliminary issues; Funds’ claims against investment manager for restitution of management fees in context of Madoff ‘Ponzi’ scheme; unjust enrichment; mistake; contractual entitlement; final and binding status of NAV determinations; fraud or manifest error)

  • Jack et al v The Minister of Public Works [2015] SC (Bda) 62 Civ (private nuisance and public nuisance; application for interlocutory injunction restraining acts of nuisance and unlawful development of Bermuda’s Botanical Gardens; relevance of the grant or expiry of planning permission to nuisance claims; indemnity costs and interim payment orders)

  • Patriot Group v Hilco [2015] SC (Bda) 38 Com (legal costs of non-party witness contesting Examination Order; costs sanctions for ex parte applicant’s 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)

  • The Corporation of Hamilton v The Attorney-General, The Minister of Home Affairs and The Ombudsman of Bermuda [2015] SC (Bda) 22 Civ (summary dismissal of constitutional complaint under section 6(8) of the Bermuda Constitution; Ombudsman not a judicial or adjudicatory authority)

  • Bermuda Environmental Sustainability Taskforce v The Minister of Home Affairs [2014] Sc (Bda) 73 App (Court awarded and summarily assessed costs in favour of successful Appellant; costs rules in public interest proceedings)

  • Bermuda Environmental Sustainability Taskforce v The Minister of Home Affairs [2014] Sc (Bda) 61 App (Environmental Impact Assessments under Bermuda law and international law; legal validity and interpretation of Special Development Orders under Development and Planning Act 1974; breaches of natural justice by Development Applications Board and the Minister of Planning; material considerations in planning permission applications)

  • Bermuda Environmental Sustainability Taskforce v The Minister of Home Affairs [2014] Sc (Bda) 56 Com (first Protective Costs Order made by the Supreme Court of Bermuda in the context of a planning appeal brought on environmental and public interest grounds)

  • In the matter of the Estate of Mrs. Ericka Schirmer [2014] SC Bda 466 (Life Insurance Act 1978; Court held that insurance monies were payable to designated beneficiaries free from claims of creditors and heirs)

  • The Corporation of Hamilton v The Ombudsman for Bermuda [2014] SC (Bda) 1 Civ (Court dismissed an application for leave to apply for judicial review of the Ombudsman’s decision to investigate the affairs of the Corporation of Hamilton; costs in judicial review proceedings; injunctive relief in judicial review proceedings)

  • In the matter of A Trust [2013] SC (Bda) 21 Civ (Court awarded indemnity costs to trustee in hostile litigation against beneficiary)

  • 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 Kingate Management Limited [2012] Bda LR 63 (Court lifted automatic stay of proceedings against company in liquidation under section 167(4) of the Companies Act 1981; joinder of parties; disclosure of insurance policy documents under the Third Parties (Rights Against Insurers) Act 1963)

  • In the matter of Kingate Management Limited [2012] Bda LR 14 (Court ordered compulsory winding up of hedge fund management company of its own motion; inherent jurisdiction; standing of provisional liquidators to appear at winding up petition hearing)

  • Oil Basins Ltd v Conticommerce SA & Fondation Anora [2012] Bda LR 7 (Interpleader procedure under RSC Order 17; scope of Court’s jurisdiction to vary interim Orders)

  • Grayken v Grayken [2011] Bda LR 15 (Amendments of pleadings after expiry of limitation period; allegations of fraud disallowed by Court of Appeal)

  • Saad Investments Company Limited (in Caymanian Liquidation) v Green Way Special Opportunities Fund Limited & Credit Agricole (Suisse) SA [2010] Bda LR 83 (Exclusive jurisdiction clauses post-insolvency; service out of the jurisdiction; injunctive relief; recognition and assistance to foreign liquidators at common law)

  • Phoenix Global and Phoenix Capital v Citigroup & Bank of Bermuda [2009] Bda LR 70 (Indemnity costs; contractual rights of indemnity; effect of findings of dishonesty)

  • Phoenix Global and Phoenix Capital v Citigroup & Bank of Bermuda [2009] Bda LR 68 (Court dismissed claims by two insolvent hedge funds against fund administrators and custodians; duties of fund service providers; duties of fund directors and fund managers; use of expert evidence; attribution; loss of a chance; ex turpi causa; contributory negligence; mitigation; Bye-law indemnities and exculpation clauses; ratification; sections 98B and 281 of the Companies Act 1981)

  • 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)

  • Phoenix Global and Phoenix Capital v Citigroup & Bank of Bermuda [2007] Bda LR 61 (Court ordered security for costs against insolvent hedge fund companies acting as nominal plaintiffs; third party funders; abuse of process; non-party costs orders; overriding objective and rights to a fair trial)

  • TG and RC v KX, Grand Court of the Cayman Islands, Cause No: 499 of 2002, Levers J, 14 July 2005 (Court awarded substantial damages for personal injuries to law student injured in road traffic accident; including Smith v Manchester damages for handicap on open labour market)