Nigel Pereira.JPEG

Nigel Desmond Pereira

Partner

Practice Area:

Restructuring & Insolvency
Fraud, Asset Recovery & Investigations
Family, Probate & Trusts

LLB (Hons), University of Durham (St Aidan’s College)
Grad Dip Singapore Law, National University of Singapore
Advocate & Solicitor, Singapore
Solicitor, England & Wales (non-practising)

T +65 6232 0629
E [email protected]

Nigel holds an LL.B (Hons) from the University of Durham. He was admitted to the Singapore Bar in May 2004 and as a solicitor in England and Wales in 2009.

Nigel was listed in Who’s Who Legal 2015 and 2019  for Investigations and “Recommended” by Doyles’ Guide on Leading Singapore Family & Divorce Lawyers in 2015.

He is a member of the Chartered Institute of Arbitrators (CiArb), an associate of the Association of Certified Fraud Examiners (ACFE) and a Society of Trust and Estate Practitioners (STEP) affiliate. He also holds certification in IT risk, governance and security, ethical hacking and computer forensics and is a Certified Blockchain Professional.

Nigel practises primarily in restructuring and insolvency, with an emphasis on investigations and cross-border asset recovery. He has advised a range of stakeholders in restructuring and insolvency procedures, including directors, bondholders, trade creditors and employees.

In acting for insolvency practitioners, auditors, corporates and forensic investigators, Nigel has advised on asset recovery efforts, computer misuse, employee management, personal data protection, confidentiality, banking secrecy, disclosure of data in cross-border investigations, fraud risk, incident response, governance, anti-corruption initiatives and anti-money laundering.

He has also presented on dispute resolution, fraud, investigations and asset recovery at regular seminars, including a National Law Conference of the Bar Association of Sri Lanka, LawAsia conference, Hubbis’ Compliance in Asian Wealth Management Forum and TRACE International workshop.

Experience
Restructuring & Insolvency
  • China Medical Technologies Inc (In Liquidation) & Anor v Wu Xiaodong & Anor [2018] SGHC 178 (High Court).
  • The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and Ors v TT International Ltd and anor appeal [2012] SGCA 9 (Court of Appeal).
  • Liquidators of Progen Engineering Pte Ltd v Progen Holdings Ltd [2010] 4 SLR 1089 (Court of Appeal) and Liquidators of Progen Engineering Pte Ltd v Progen Holdings Ltd [2009] SGHC 286 (High Court).
Fraud, Investigations, Anti-bribery/ corruption, Data and Computer Misuse
  • Advised audit committees and forensic accountants in investigations into transactions, SGX-related and compliance issues.
  • Undertaken investigations in pharmaceutical and healthcare sector. Implementing global whistleblowing programs.
  • Advised on use of data and disclosure issues arising from domestic and cross-border investigations by auditors and banks in relation to fraud risks.
  • Advised on computer misuse issues arising from employee conduct and access by former employees, poaching by senior employees of key appointment holders and of data.
  • Advised on issues arising in a blockchain project, on whitepapers and pre-ICO due diligence.
  • Advised on anti-bribery management systems and corporate initiatives, including development of policies and training on anti-bribery/corruption matters and training requirements, as well as operating of whistleblowing channels and advising on related issues.
  • Advised on issues relating to the recovery of assets of foreign nationals in Singapore. Advised and acted in applications for injunctive relief, Mareva, Norwich Pharmacal, Bankers Trust-type orders, bankers’ books orders and urgent appointment of provisional liquidators.
  • Advised investigators on cross-border tracing of assets arising from fraudulent mismanagement of a USD350 million fund set up across Indonesia, including Jakarta, Bandung, Surabaya and Bali.
  • dvised banks on rights of recovery in disposal inquiry proceedings relating to recovered assets and cash, including in the proceedings relating to PP v Chia Teck Leng (District Court).
  • Part of a team which advised and acted for the Law Society of Singapore in recovery efforts in the David Rasif matter. Represented the Law Society in disposal inquiry proceedings in the District Court, and in a Trustees Act application in the High Court to approve the distribution of recovered assets among claimants.
Employment
  • Advised and acted for senior members of management in several companies in responding to constructive dismissals and negotiating severance terms.
  • Advised and acted for employers in relations with employees as part of restructuring and cessation of operations and dismissal due to business challenges; and advised on other redundancy exercises.
  • Advised on conflict of interest issues and non-disclosure risks, employee fraud, etc.Commercial Litigation & International
Commercial Litigation & International Arbitration
  • Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd and another and another appeal [2011] 3 SLR 540 (Court of Appeal) and Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd and another and another suit [2009] 4 SLR(R) 788 (High Court)
  • Raffles Money Change Pte Ltd (formerly known as Honest Money Changer Pte Ltd) v Skandinaviska Enskilda Banken AB (Publ) (formerly known as Skandinaviska Enskilda Banken AB) [2009] 3 SLR(R) 1 (High Court).
  • S Y Technology Inc v Pacific Recreation Pte Ltd [2007] 2 SLR(R) 756 (High Court)
  • CHS CPO GmbH & Another v Vikas Goel & Others [2006] SGHC 49 (High Court)
  • OCM Opportunities Fund II, LP & Ors v Burhan Uray (a.Wong Ming Kiong) & Ors [2004] 4 SLR 74 (High Court)
  • Advised on a UNCITRAL ad hoc arbitration arising from termination of a distribution agreement involving Sri Lankan operations.
  • Part of a team which represented a trust in an SIAC arbitration against an Indonesian pulp company in a multi-million dollar claim arising from various pulp purchase agreements.
  • Part of a team which represented a distributor in a JCAA arbitration arising from termination of a distribution agreement involving a Japanese party.
  • Advised arts and events companies on claims against debtors and disputes arising from event management, including a dispute between creditors and producers of a musical theatre show, a dispute between producers of an international televised sports event and its creditors, and advising an international sports event organiser on its obligations under various contracts as well as its options for restructuring.
Family, Private Wealth & Succession
  • UAX v UAY [2017] SGFC 55 – Advised and acted for a husband in resisting claims for spousal maintenance and addressing whether a property is a “matrimonial asset”.
  • Kuntjoro Wibawa v Harianty Wibawa & Ors [2016] SGHC 109 (High Court)
  • MSS 5315/2014 [2015] SGFC 97
  • AYM v AYL & Anor Appeal [2014] SGCA 46 (Court of Appeal), AYL v AYM [2013] SGHC 237 (High Court), AYM v AYL [2012] SGCA 68 (Court of Appeal), AYL v AYM [2012] SGHC 64 (High Court) - Advised and acted for a wife in resisting the variation of an ancillaries consent order in the Family Court, twice before the High Court and thrice before the Court of Appeal.
  • AMJ v AML [2010] SGDC 404 (District Court) – Advised and acted for a husband in resisting a claim for substantial maintenance in a 6-day trial over 3 tranches.
  • Chng Heng Tee (alias Cheng Kim Tee) & another v Estate & Trust Agencies (1927) Ltd (Ho Hong Bee Christina (executrix of the estate of Koh Tek Heng, deceased), intervener) and another matter [2010] 1 SLR 681 (High Court)
  • Advised personal representatives of multi-million-dollar estates in administration issues and disputes across jurisdictions
Publications
  • Contributor to various publications on anti-bribery and anti-corruption in Singapore materials and investigations materials
Memberships
  • Member, Singapore Academy of Law
  • Member, Law Society of Singapore
  • Member, Law Society of England and Wales
  • Member, Chartered Institute of Arbitrators
  • Associate Member, Association of Certified Fraud Examiners
  • Affiliate, Society of Trust and Estate Practitioners