Professional Liability

Key Contacts

British Virgin Islands

Hong Kong

Shaun Folpp

Managing Partner, Hong Kong +852-3708-3010
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Campbells is a market-leading, full-service law firm with significant experience of advancing and defending professional liability claims in contract and tort.  Campbells’ specialist professional liability team has acted in a large number of complex claims involving a variety of professionals, including directors, fiduciaries, auditors, attorneys, fund administrators and custodians, insolvency practitioners and medical practitioners.

As a result of this experience, we are familiar with the dynamics of professional negligence actions, including working closely with insurers and reinsurers when defending such claims, as well as being at the forefront of changes in the Cayman and BVI business and regulatory environment, with an understanding of their implications for professionals.

We pride ourselves on providing clear, commercial advice and effective representation, and work closely with our clients and stakeholders to achieve their strategic objectives.  We prioritise resolving our clients’ disputes as efficiently and cost-effectively as possible, and have expertise in arbitration, mediation and other forms of alternative dispute resolution.

Members of the department regularly appear before first instance and appellate courts, and have been involved in many reported cases.

Representative matters:

  • Defending HSBC entities acting as administrator and custodian in a US$2 billion claim against them in the Cayman Islands by the liquidators of a Madoff feeder fund. HSBC was successful before the Grand Court (Primeo Fund v Bank of Bermuda (Cayman) Limited & Anor [2017 (2) CILR 334]) and Court of Appeal; the matter is currently on appeal to the Judicial Committee of the Privy Council.
  • Representing a major international auditor in defence of contractual and tortious claims in excess of US$270m, including obtaining an anti-suit injunction to restrain the continuation of US proceedings.
  • Representing directors in the leading Cayman Islands’ cases involving directors’ liability, including successfully defending directors to the Court of Appeal in Weavering Macro Fixed Income Fund Ltd v Peterson and Ekstrom [2015 CILR 45] and Goodman v Cummings [2018 CILR 234].