Nissan vs Ghosn trial to go ahead in BVI

A high-value and high-profile civil fraud claim against ex-Nissan CEO and Chairman Carlos Ghosn will now proceed to a full trial in the BVI, after Nissan successfully resisted an application by Mr Ghosn to strike out the claims. 

Nissan is represented by Martin Kenney & Co., Solicitors (MKS) in this matter.

In July 2019, MKS was instructed by Nissan to move urgently to investigate the status of a ‘super yacht’ – “Shachou” (meaning “The Boss”), and now styled “The Twig” – on the basis of evidence indicating that former Nissan CEO and Chairman Carlos Ghosn had acquired the yacht with money wrongly taken from Nissan.

MKS swiftly moved the BVI Commercial Court for a freeze order against the registered title to the vessel, which was subsequently frozen. MKS filed a US$32 million claim in the BVI for recovery of the yacht for Nissan, as well as for damages.

MKS instructed George Spalton QC of 4 New Square, who led Joshua Folkard – Twenty Essex in Nissan’s successful defense of Mr Ghosn’s strike-out application.

A copy of the Judgment (102 pgs) can be viewed here.