Liam Faulkner
Partner
About
Liam is a partner in our Litigation, Insolvency & Restructuring Group where he specialises in cross-border insolvency, restructuring and litigation, with extensive experience in shareholder and investment fund disputes. He joined Campbells in 2015, having previously worked in the British Virgin Islands and London.
Liam has considerable experience of disputes arising out of Hong Kong and the PRC having spent two years practicing in Campbells’ Hong Kong office. As part of his practice, Liam advises on both Cayman Islands and BVI law and maintains a practicing certificate in both jurisdictions.
Experience
- Shareholder disputes
- Commercial litigation
- Directors’ duties – acting for and against directors
- Fraud and asset recovery
- Ancillary relief in support of domestic and foreign proceedings
- Investment fund disputes
- Captive insurance disputes
- Acting for general partners, limited partners and investment managers of exempted limited partnerships
- Professional negligence claims – acting for and against auditors, custodians, investment managers, independent directors and other service providers
- Acting for liquidators, provisional liquidators, receivers and inspectors
- Acting for creditors and creditor committees
- Debt restructuring and schemes of arrangement
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Work highlights
- Advising the liquidators of ABRAAJ Investment Management Limited, in what has been described as the largest collapse ever of a private equity firm.
- Advising a Cayman domiciled private equity group in a multi-billion dollar ownership dispute involving proceedings in the Cayman Islands, Hong Kong and the PRC.
- Advising the liquidators of two of the largest Madoff feeder funds.
- Acting for the petitioner in just and equitable winding up proceedings of a captive insurance company.
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Qualifications and admissions
- Attorney at Law, Cayman Islands, 2015
- Admitted in the British Virgin Islands, 2012
- Admitted in England and Wales, 2009, (non-practising)
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Professional associations
- Cayman Islands Law Society
- BVI Bar Association
- Law Society of England & Wales
- Recovery & Insolvency Specialists Association (RISA)
- INSOL International, INSOL Fellow (2017)
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Recognition and Awards
- Liam is recognised as a ‘Leading Partner’ in Legal 500.
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Publications and news
Client Advisories
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Hague or High Water: Cayman Court of Appeal Navigates Service in Arbitration Enforcement Proceedings
Jane Hale and Liam Faulkner discuss the Cayman Islands Court of Appeal's approach to service in the context of applications to enforce foreign arbitral awards in its recent judgment in Suning Group Co Limited & Suning.com Co Ltd v Carrefour Nederland BV (CICA (Civil) 15 of 2024).
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BVI Court clarifies dissenter and statutory appraisal rights of shareholders
Over the past 12-18 months we have seen a marked increase in the number of BVI statutory fair value appraisals as a result of minority shareholders exercising dissent rights to certain types of transactions, including take-private transactions and SPAC acquisitions.
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Cayman Insolvency & Restructuring: A Review of 2021
Liam Faulkner, a Partner in our Cayman Islands’ Insolvency & Restructuring team, provides an overview of the past year including the insolvency statistics, the restructuring case of the year, a summary of the key judgments and the legislative amendments to be enacted in 2022.
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Cayman Court clarifies the winding up regime applicable to exempted limited partnerships
In a recent judgment in In the matter of Padma Fund LP, Parker J held that the Court does not have jurisdiction to make a winding up order against an exempted limited partnership on a creditor’s petition and that the remedy of a creditor is to commence proceedings against the general partner for an unpaid debt.
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Cayman Court clarifies the test for the appointment of provisional liquidators
The Cayman court has recently dismissed two unrelated applications to appoint JPLs pending the determination of a just and equitable winding up petition alleging a loss of trust and confidence in management. Liam Faulkner discusses these two cases and the hurdles that any applicant must jump on a PL application.
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Cayman Court clarifies the function and role of the Liquidation Committee in a Cayman liquidation
In a recent judgment in the liquidation of Herald Fund SPC, an insolvent Madoff feeder fund, the Grand Court addressed the extent to which official liquidators are required to seek the approval or tacit support of the Liquidation Committee when defining the scope of their operational functions and, consequentially, incurring liquidation costs and expenses.
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Enforcement of foreign judgments and arbitration awards in the Cayman Islands
Successful litigants in foreign proceedings will often be required to take steps to enforce any judgment or order obtained outside of the jurisdiction in which it was made. The Grand Court of the Cayman Islands routinely recognises and enforces foreign judgments and arbitral awards from countries such as the United States, the United Kingdom, Singapore, Hong Kong and the PRC (amongst others) against individuals, entities and assets domiciled or situated in the Cayman Islands.
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Hague or High Water: Cayman Court of Appeal Navigates Service in Arbitration Enforcement Proceedings
