Donald Lilly KC

Donald has appeared in the Chancery Division, Commercial Court, Court of Appeal, Supreme Court and Privy Council. He has also advised in respect of a wide range of company and commercial matters. Donald has been involved in some of the largest chancery and company litigation at the English bar in recent years and the largest ever minority shareholder’s petition in Bermuda:

• Magomedov v TPG Group Holdings (SBS) LP [2025] EWHC 59 (Comm) and [2025] EWHC 304 (Comm) – appeared variously alone and led by Nathan Pillow KC and Blair Leahy KC for two of the defendants to Ziyavudin Magomedov’s US$13.8 billion conspiracy claim, relating to the alleged wrongful take over of a Russian logistics company and port operator.
• Sian Participation Corp v Domidias Ltd [2024] EWHC 458 (Comm) – appeared with Blair Leahy KC on behalf of the Defendants to a breach of contract claim arising from two option agreements. This case formed part of the litigation commenced by (and on behalf of) Ziyavudin Magomedov. Donald was the advocate in respect of submissions as to the interaction between this contract claim and the conspiracy claim.
• Re a Bermudian Company – instructed with Barry Isaacs, K.C. by a Bermudian company subject to a hostile take-over bid. The instructions concern the validity of defensive measures, including a ‘poison pill’ agreement.
• Re a Company incorporated in the Cayman Islands (LCIA Arbitration) – instructed with George Bompas, K.C. on behalf of a Cayman Island company in its $70 million claim against a Singaporean company under a guarantee of a contract governed by South African law.
• SiriusPoint Limited v Allied World Insurance Company (Europe) DAC (Bermuda) – instructed alongside John Lockey, K.C. and Delroy Duncan, K.C. (of the Bermuda Bar) on behalf of the claimant insurance company in its $64 million claim under its directors’ and officers’ insurance policy.
• Sian Participation Corp v Domidias (BVI and England) – instructed alongside Blair Leahy, K.C. by two of the defendants to a unlawful means conspiracy claim brought in the BVI and a related claim in England, both of which concern alleged breaches of option contracts over shares in a substantial Russian company.
• Gill v Thind [2022] EWHC 2872 (Ch) – appeared on behalf of the Claimant for the three week trial of a Part 7 claim and petition under s.994 of the Companies Act 2006. Donald is also instructed for the appeal.
• Bitar v Bank of Beirut SAL [2022] EWHC 2163 (QB) – Donald appeared with Barry Isaacs, Q.C. for the trial of a claim by a customer of a Lebanese Bank. The case in among the first in a series of claim relating to the legality of de facto capital control imposed by Lebanese banks as a result of the financial crisis in that country.
• Re Compound Photonics Group Limited [2022] EWCA Civ 371 (Ch) – Donald appeared alongside Andreas Gledhill, K.C. on behalf of the majority shareholders in an optical technology company for the four-week liability trial of a s.994 petition presented against them ([2021] EWHC 787 (Ch)) and for the appellants in their successful appeal of that decision. Donald also separately appeared as the advocate for a separate appeal relating to these proceedings ([2020] EWHC 1919 (Ch))
• Pedriks v Grimaux [2021] EWHC 448 (QB) – appeared on behalf of the Defendant for the 10 day trial of a dispute concerning the proceeds of sale of a business to Ticketmaster.
• Maso Capital Investments Ltd v Shanda Games Ltd [2020] BCC 466 – appeared (with Jonathan Crow, Q.C.) for the appellants in the first appraisal action under s.238 of the Cayman Islands Companies Law to reach the Privy Council.
• Pinchuk v Kolomoisky & Bogolyubov – acted (with Jonathan Crow, Q.C. and Richard Hill, Q.C.) for Victor Pinchuk in his multi-billion dollar claim against Igor Kolomoisky and Gennadiy Bogolyubov, which settled immediately prior to the trial. This litigation was among the largest ever litigated in the Commercial Court.
• Gorbunova v Berezovsky’s Estate [2016] WTLR 1591 – appeared (with Elspeth Talbot-Rice, Q.C.) for the trustees of Boris Berezovsky’s insolvent estate in defence of a claim brought against the estate by Mr Berezovsky’s former partner.
• Re Viking River Cruises Limited – instructed to advise own his own in respect of claims under §103 and a potential oppression petition under §111 of the Bermudian Companies Act 1981 and breach of share option agreements; and thereafter acted (with John Brisby, Q.C.) in the settling of pleadings and litigation of those claims in Bermuda in what was among the largest minority shareholder disputes ever litigated in Bermuda.

Donald has been involved in high level trust litigation since the outset of his career when he was instructed as the junior in the category (2) blessing application of a trustee of a Bermudian trust holding assets of a value in excess of £6 billion. Recently he has been involved in bond trust litigation concerning a high-profile fraud in Australia as well as category (2) relief arising from the imposition of sanctions upon a trust structure in Guernsey.

• Re a Guernsey Trust Company – instructed to advise a Guernsey trustee who administered a group of trusts with assets worth over £1 billion. The economic settlor and adult beneficiary were both identified as designated individuals for the purposes of sanctions applied as a result of the Russian invasion of Ukraine. Donald’s advice encompassed the steps the trustee should take in order to preserve the solvency of the trusts and the underlying assets, notwithstanding the asset freeze to which the trusts had become subject.
• Gill v Thind [2023] EWCA Civ 1276– appeared on behalf of the Appellant before the Court of Appeal. The appeal concerned the nature of the exercise a court undertakes in determining whether a putative settlor of an oral trust had the requisite intent to create a trust, in particular whether an objective finding of such an intent was a finding of law or fact.
• Madison Pacific Trust Ltd v Squaretwo Capital Ltd [2023] EWHC 2605 (Ch) – appeared with Andrew de Mestre, K.C. on behalf of the trustee of three bonds trusts seeking directions from the Court as to whether it could amend the terms of the bonds to take into account the failure of a number of bearer bondholders presenting their bonds for payment in circumstances where the insolvency of the issuer meant there was a shortfall for other bondholders.
• Church Lane Trustees Limited v the Trustees of Berezovsky’s Estate – appeared in the Gibraltar Supreme Court and in the English High Court on behalf of the Trustees of the insolvent estate of Boris Berezovsky in respect of the estate’s claims against a valuable property in England. Donald has also appeared in respect of other aspects of this matter with Elspeth Talbot-Rice, Q.C.
• Re VL Assurance Limited – acted (with Barry Isaacs, K.C.) on behalf of the joint provisional liquidators of a life insurance company incorporated in Bermuda. The instructions concern the operation of the insurance company’s statutory trust account.
• Gany Holdings (PTC) SA v Khan [2018] UKPC 21 – appeared (with Jonathan Crow, Q.C.) for the appellant trustees in respect of a claim for an account against it.
• Royal Bank of Canada (Jersey) Limited v UBS AG – acted (with Jonathan Crow, Q.C.) for a Jersey trustee in its £169 million claim against UBS.
• Re Two Nevis Trusts (in camera) – appeared (with Alan Steinfeld, Q.C. and Orlando Fraser, Q.C.) on behalf of the protector of two Nevis trusts for the trial (in 2013) and appeal (in 2014) of the trustee’s application for directions; further acted (with Orlando Fraser, Q.C. and Richard Wilson K.C.) on the further applications for directions (in 2016, 2020, 2022 and 2024).
• Re the W Trust (in camera) – advised an offshore corporate trustee concerning its application for removal of the Protector of the trust on the basis of the Court’s inherent jurisdiction over fiduciaries.
• Re the M Trust – advised (with Jonathan Crow Q.C.) a wealthy beneficiary of an offshore family trust (holdings assets in excess of $30 million) on her rights to disclosure of trust and corporate documents of a trust owned company under the Schmidt v Rosewood regime and as a former director of the company.
• Re the B Trusts (in camera) – provided expert evidence (with Robert Ham Q.C.) for an offshore trust company in support of its category (2) blessing summons.

• Wang v Tianjin Lantian Gerui Electronic Technology Co Ltd [2024] EWHC 2059 (Ch) – appeared variously alone and led by Tim Owen KC and Blair Leahy KC for a victim of a substantial Ponzi scheme fraud in China who is seeking compensation in England out of the fruits of that fraud (US$4 billion in Bitcoin) which have been frozen by the DPP pursuant to the Proceeds of Crime Act 2002.

• Re a Guernsey Trust Company – instructed to advise a Guernsey trustee who administered a group of trusts with assets worth over £1 billion. The economic settlor and adult beneficiary were both identified as designated individuals for the purposes of sanctions applied as a result of the Russian invasion of Ukraine. Donald’s advice encompassed the steps the trustee should take in order to preserve the solvency of the trusts and the underlying assets, notwithstanding the asset freeze to which the trusts had become subject.
• Re Caroline Bay – acted (with Barry Isaacs, K.C.) for the Government of Bermuda in relation to the failed development of a Ritz-Carlton hotel on Morgan’s Point / Caroline Bay in Bermuda. The instructions are ongoing and concern the enforcement of the Government’s guarantees of the project and the provisional liquidation of the primary corporate vehicle for the development.
• Re Cimolai Spa – appeared with Barry Isaacs, K.C. for an English creditor of a company seeking recognition under the Cross-Border insolvency regulations of an Italian insolvency process.
• Re VL Assurance Limited – acted (with Barry Isaacs, K.C.) on behalf of the joint provisional liquidators of a life insurance company incorporated in Bermuda. The instructions concern various claims surrounding the failure of the company to maintain sufficient capitalisation to support the life insurance contracts entered by it.
• Integrated Rail-Casting Limited (in administration) – appeared for the administrators of a company in respect of the implications of orders and decisions made in the course of an LCIA arbitration in which it was a respondent
• Gorbunova v Berezovsky’s Estate [2016] WTLR 1591 – appeared (with Elspeth Talbot-Rice, Q.C.) for the trustees of Boris Berezovsky’s insolvent estate in defence of a claim brought against the estate by Mr Berezovsky’s former partner.
• Lockston Group Inc v Wood [2016] 1 WLR 2091 – appeared (with Stephen Atherton, Q.C.) for the trustees of Boris Berezovsky’s insolvent estate in defence of an application to remove them as trustee.

• Magomedov v TPG Group Holdings (SBS) LP [2025] EWHC 59 (Comm) and [2025] EWHC 304 (Comm) – appeared variously alone and led by Nathan Pillow KC and Blair Leahy KC for two of the defendants to Ziyavudin Magomedov’s US$13.8 billion conspiracy claim, relating to the alleged wrongful take over of a Russian logistics company and port operator.
• Wang v Tianjin Lantian Gerui Electronic Technology Co Ltd [2024] EWHC 2059 (Ch) – appeared variously alone and led by Tim Owen KC and Blair Leahy KC for a victim of a substantial Ponzi scheme fraud in China who is seeking compensation in England out of the fruits of that fraud (US$4 billion in Bitcoin) which have been frozen by the DPP pursuant to the Proceeds of Crime Act 2002.
• Sian Participation Corp v Domidias Ltd [2024] EWHC 458 (Comm) – appeared with Blair Leahy KC on behalf of the Defendants to a breach of contract claim arising from two option agreements. This case formed part of the litigation commenced by (and on behalf of) Ziyavudin Magomedov. Donald was the advocate in respect of submissions as to the interaction between this contract claim and the conspiracy claim.
• Gill v Thind [2023] EWCA Civ 1276– appeared on behalf of the Appellant before the Court of Appeal and at the three week trial below [2022] EWHC 2872 (Ch). The case concerned serious allegations dishonesty and forgery of trust instruments.
• Serious Fraud Office v Litigation Capital Limited [2022] EWHC 3053 (Comm) – appeared on behalf of the joint liquidators of a BVI company in relation to the enforcement of an order arising out of a substantial fraud trial.
• Patel v Iqbal [2020] EWHC 1174 (Ch) – Donald acted on behalf of the claimant in relation to his claim against a former business partner in a property development business for fraudulent misappropriation of assets and diversion of business.
• Gany Holdings (PTC) SA v Khan [2018] UKPC 21 – appeared (with Jonathan Crow, Q.C.) for the appellant trustees in respect of a claim for an account against it.
• Pinchuk v Kolomoisky & Bogolyubov – acted (with Jonathan Crow, Q.C. and Richard Hill, Q.C.) for Victor Pinchuk in his multi-billion dollar claim against Igor Kolomoisky and Gennadiy Bogolyubov, which settled immediately prior to the trial
• Re a Bermudian Company – instructed to advise and assist in settling the pleadings for a derivative claim against two of the company’s directors who had misappropriated substantial assets from the company.
• Noble House International Ltd v Grosvenor Private Reserve Fund Ltd – instructed (with John Brisby Q.C.) to assist settling pleadings on behalf of investors who have suffered losses arising out of the Bernard Madoff Ponsi scheme.

A significant proportion of Donald’s practice relates to offshore litigation, in particular litigation involving offshore trust and corporate structures. Recent offshore cases in which Donald has been involved include:

• Re a Bermudian Company – instructed with Barry Isaacs, K.C. by a Bermudian company subject to a hostile take-over bid. The instructions concern the validity of defensive measures, including a ‘poison pill’ agreement.
• SiriusPoint Limited v Allied World Insurance Company (Europe) DAC (Bermuda) – instructed alongside John Lockey, K.C. and Delroy Duncan, K.C. (of the Bermuda Bar) on behalf of the claimant insurance company in its $64 million claim under its directors’ and officers’ insurance policy.
• Church Lane Trustees Limited v he Trustees of Berezovsky’s Estate – appeared in the Gibraltar Supreme Court and in the English High Court on behalf of the Trustees of the insolvent estate of Boris Berezovsky in respect of the estate’s claims against a valuable property in England. Donald has also appeared in respect of other aspects of this matter with Elspeth Talbot-Rice, Q.C. (Gibraltar Supreme Court) and Andrew Clutterbuck, Q.C. (Gibraltar Supreme Court and Court of Appeal)
• Re VL Assurance Limited – acted (with Barry Isaacs, K.C.) on behalf of the joint provisional liquidators of a life insurance company incorporated in Bermuda. The instructions concern various claims surrounding the failure of the company to maintain sufficient capitalisation to support the life insurance contracts entered by it.
• Re Caroline Bay – acted (with Barry Isaacs, K.C.) for the Government of Bermuda in relation to the failed development of a Ritz-Carlton hotel on Morgan’s Point / Caroline Bay in Bermuda. The instructions are ongoing and concern the enforcement of the Government’s guarantees of the project and the provisional liquidation of the primary corporate vehicle for the development.
• Maso Capital Investments Ltd v Shanda Games Ltd [2020] BCC 466 – appeared (with Jonathan Crow, Q.C.) for the appellants in the first appraisal action under s.238 of the Cayman Islands Companies Law to reach the Privy Council.
• Gany Holdings (PTC) SA v Khan [2018] UKPC 21 – appeared (with Jonathan Crow, Q.C.) for the appellant trustees in respect of a claim for an account against it.
• Re A Jersey Trustee – instructed on behalf of a Jersey trustee for its application for directions.
• Re A Guernsey Trustee – instructed by a trustee located in Guernsey in respect of the administration of two foreign trusts.
• Al-Saleh v Sargeant Marine Limited – instructed on behalf of the plaintiff to settle pleadings for the recognition of the judgment obtained in the 15 Judicial Circuit for Palm Beach County, Florida in The Bahamas.
• Re Two Bahamian Trusts – instructed (with John Brisby, Q.C.) to advise a trustee of two Bahamian trusts settled by a prominent American family
• Re Viking River Cruises Limited – instructed to advise own his own in respect of claims under §103 and a potential oppression petition under §111 of the Bermudian Companies Act 1981 and breach of share option agreements; and thereafter acted (with John Brisby, Q.C.) in the settling of pleadings and litigation of those claims in Bermuda in what was among the largest minority shareholder disputes ever litigated in Bermuda.
• Re a Bermudian Company – instructed to advise and assist in settling the pleadings for a derivative claim against two of the company’s directors who had misappropriated substantial assets from the company.
• Re Two Nevis Trusts – appeared (with Alan Steinfeld, Q.C. and Orlando Fraser, Q.C.) on behalf of the protector of two Nevis trusts for the trial (in 2013) and appeal (in 2014) of the trustee’s application for directions; further acted (with Orlando Fraser, Q.C. and Richard Wilson K.C.) on the further applications for directions (in 2016, 2020, 2022 and 2024).
• Re Gerova Financial Group Limited – advised and assisted settling grounds of appeal on behalf of a debtor company in its appeal of a winding-up order made by the Supreme Court of Bermuda. The issues on appeal were the locus standi of the petitioning creditor and whether it had a right to a winding-up order ex debito justitiae.
• Re the W Trust (in camera) – advised an offshore corporate trustee concerning its application for removal of the Protector of the trust on the basis of the Court’s inherent jurisdiction over fiduciaries.
• Noble House International Ltd v Grosvenor Private Reserve Fund Ltd – instructed (with John Brisby Q.C.) to assist settling pleadings on behalf of investors who have suffered losses arising out of the Bernard Madoff Ponsi scheme.
• Re the M Trust – advised (with Jonathan Crow Q.C.) a wealthy beneficiary of an offshore family trust (holdings assets in excess of $30 million) on her rights to disclosure of trust and corporate documents of a trust owned company under the Schmidt v Rosewood regime and as a former director of the company.
• Re the B Trusts – provided expert evidence (with Robert Ham Q.C.) for an offshore trust company in support of its category (2) blessing summons.

• Chancery Bar Association
• COMBAR

• Called in the British Virgin Islands (2013)
• Called (ad hoc) in Gibraltar (2019)

• MA and BCL, Wadham College, Oxford (Scholar)
• Linklaters Prize in EC Competition Law (MA)
• Monckton Prize in Competition Law (BCL)
• Astbury Scholar (Middle Temple)
• Harmsworth Entrance Exhibitioner (Middle Temple)

• Litigation in the Time of Covid-19, the 4 Stone Building’s E-Book, chapter on Bermuda.
• Contributor to “Mithani: Directors’ Disqualification”.
• “It’s a real privilege: common interests in trust disputes”. Trusts and Trustees, T. & T. 2013, 19(1), 68-78.
• “Investigations by BIS”, Tolley’s Company Law Service
• Featured in The Lawyer, “Judgment Call”, 21 May 2012

Donald was first recognised by the legal directories early in his career, in 2011, when he was described as a “real rising star.” The latest directory comments are set out below:

Chambers & Partners UK Bar 2025:

Legal 500 UK Bar 2025:

“Donald is very responsive, pragmatic and sensible. He is excellent on his feet and judges like him. He is a team player and a pleasure to work with”.

“When instructing Donald, you get silk-quality work, and his effective advocacy style gets the key points across concisely and persuasively”.

“An excellent all-rounder – his written work is exemplary, and he is a confident advocate. Donald is very popular with clients”.

Chambers & Partners UK Bar 2024:

“A very clever, commercially savvy and hard-working senior junior. His advocacy is calm, measured and persuasive, and his commercial judgement spot on.”

“Exceptionally bright and a very reassuring barrister, who is just so thorough in his preparation.”

“Down to earth, very approachable, and someone with a great bedside manner with the client, Donald will roll up his sleeves and get stuck in. His advocacy is spot on and his advice on point.”

“He knows the law inside and out and is a man of good, sober judgement.”

“Really clever and very sharp-witted.”

Legal 500 UK Bar 2024:

“Donald is very user-friendly, works well as part of a team and is highly regarded by clients. He excels in all aspects of his work – research, drafting and oral advocacy. He is also excellent at managing more junior barristers.”

Donald is also ranked in Chambers & Partners Global 2023 in the fields of Dispute Resolution: Commercial Chancery and Restructuring/Insolvency.

Donald has also been recognised in judgments, for example:

Mr Justice Marcus Smith described Mr Lilly’s submissions as “very able” in Vollin Holdings Limited v Mr Mark Faulkner [2020] EWHC 1919 (Ch)

Deputy ICC Judge Agnello, Q.C. noted she was “grateful” for Mr Lilly’s “helpful” and “detailed” submissions and skeleton argument in Re Baxendale-Walker (a bankrupt) [2018] EWHC 3423 (Ch)

Sir William Blackburne described Mr Lilly’s submissions as “Forcefully” made in Re Parkwell Investments Limited [2014] BCC 721

“Mr Lilly, in well-judged submissions”: Mr Justice Newey (as he then was) in Re Asegaai Consultants Ltd [2012] EWHC 1899 (Ch)

“Mr Lilly, for the defendants, took full and, as it turned out, well-judged advantage.”: Mr Justice Briggs (as he then was) in Singla v Stockler Brunton [2012] EWHC 1176 (Ch)

“…thanks to him for a very full skeleton argument on which I have drawn extensively”: Chief Registrar Baister (as he then was) in Re a Bankrupt [2012] BPIR 469