Nienke Lillington

Counsel
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Overview

Nienke is an attorney who specialises in insolvency litigation and advice and commercial disputes. She is Counsel in our Litigation, Insolvency & Restructuring group. Her practice consists of high value and multi-party disputes and litigation, and the cases she is instructed on often include cross-border and multi-jurisdictional elements.

Nienke is a highly experienced advocate with an extensive background in both corporate and personal insolvency matters as well as large-scale commercial litigation.

Nienke obtained degrees from the University of Oxford (New College) and Harvard Law School before being called to the Bar of England & Wales. Prior to joining Campbells in the Cayman Islands, Nienke was a member of a leading set of Commercial Chancery chambers in London where she was instructed as both sole and junior advocate in relation to a wide number of commercial and insolvency disputes.

Nienke also speaks Dutch and French, and has moderate knowledge of Spanish and German.

Expertise

Work Highlights

  • In re Performance Insurance Company SPC (in Official Liquidation) FSD 70 of 2021 – unreported judgments of 6 April 2022, 29 December 2022 and 24 March 2023. Nienke Lillington and Paul Kenny of Campbells represented two of the solvent segregated portfolio’s (the “SPs”) in Performance Insurance Company SPC (in Official Liqudation) (the “Company”) in a range of conflicts with the joint official liquidators (“JOLs”) of the Company. Initially, Campbells sought the appointment of an additional joint official liquidator (“AJOL”) over the SPs in order to remove a conflict of interest. Although the application was challenged by the JOLs, Campbells were successful and an AJOL was appointed over the SPs. On behalf of one of its clients, Campbells subsequently also sought a significant reduction in the JOLs’ allocated remuneration and expenses on the basis that the JOLs had misapplied the statutory framework in relation to the allocation of fees, remuneration and expenses as between SPCs and segregated portfolios. Despite being heavily contested by the JOLs, Campbells was successful on the application, and a significant costs judgment was subsequently issues in its client’s favour.
  • In re Ascentra Holdings, Inc. (in Official Liquidation) FSD 189 of 2021 – unreported judgment of 3 November 2022. Nienke Lillington, Guy Cowan and Katie Logan of Campbells successfully represented the joint official liquidators (“JOLs”) of Ascentra Holdings, Inc. (in Official Liquidation) (“Ascentra”) in respect of a contested application for directions that the JOLs be authorised to treat approximately US$11 million as unencumbered assets of Ascentra, in circumstances where a claim to beneficial ownership was alleged. Ascentra’s liquidation presents numerous complex cross-border issues. Campbells continues to be instructed by the JOLs of Ascentra, and is assisting them in obtaining recognition (in the United States and Singapore), in gathering information about the company and its assets, in taking control of subsidiaries, and in securing its assets.
  • Nienke acted for the Seventh Defendant in ArcelorMittal USA LLC v Ravi Ruia & ors [2020] EWHC 3349 (Comm); a case concerning long-running litigation between two competitors in the steel and mining industry, in the Claimant’s pursuit of an arbitration award. Instructed as sole advocate, Nienke successfully resisted parts of the Claimant’s application to amend its Particulars of Claim, with costs awarded in favour of the Seventh Defendant.
  • Acting for the Fifth Defendant in Robert Tchenguiz & ors. v Grant Thornton & ors. [2018] (QB); high-value, multi-party litigation in which the property tycoon made allegations against the accountancy firm, two of its partners and a former lawyer of Kaupthing Bank (the Fifth Defendant) of conspiring to encourage the SFO to launch an investigation into him after the bank’s collapse in 2008. Mr Tchenguiz was ordered to pay indemnity costs to the Defendants.
  • Advising and acting for the Claimants in Chesterfield United Inc (in liquidation) & anor. v Deutsche Bank AG & ors. [2016] (Ch), a case arising from the purchase of credit linked notes (CLNs). The case included a wide range of claims, including claims for: unlawful means conspiracy, dishonest assistance, knowing receipt, market manipulation, as well as applications for declarations of liability for fraudulent trading under s. 21(g) of the Cross-border Insolvency Regulation and s. 213 of the Insolvency Act 1986, and applications for information under s. 236 of the Insolvency Act 1986. The case also included claims against the companies’ director for breach of fiduciary duties and negligence.

Qualifications and Admissions

  • Attorney at Law, Cayman Islands, 2021
  • Barrister admitted to the Bar of England & Wales (Lincoln’s Inn, London), 2012
  • Bar Professional Training Course, 2012
  • Master of Laws (LL.M.), Harvard Law School, 2010
  • Magister Juris (M.Jur.), University of Oxford, 2009
  • Master of Laws (LL.M.) cum laude, Leiden University, 2008
  • Bachelor of Laws (LL.B.) cum laude, Leiden University, 2007
  • Diplôme du Programme International, L’Institut d’Études Politiques (Sciences Po), 2006

Prior Career History

  • 4 Stone Buildings (London)
  • The Financial Conduct Authority (London)

Professional Associations

  • The Honourable Society of Lincoln’s Inn
  • Member of the Chancery Bar Association (ChBA)
  • Member of INSOL International
  • Member of the International Women’s Insolvency & Restructuring Confederation (IWIRC)
  • Member of the Recovery and Insolvency Specialists Association (RISA)
  • Member of the American Bankruptcy Institute (ABI)
  • Member of 100 Women in Finance

Recognition and Awards

  • The Huygens Scholarship
  • VSB Foundation Scholarship
  • Prins Bernhard Cultuurfonds Scholarship
  • Prize for Outstanding Performance on the GDL
  • Hardwicke Entrance Scholarship (Lincoln’s Inn)
  • Lord Denning Scholarship (Lincoln’s Inn)

 

Publications and News

Articles

Client Advisories

  • It’s not about the money, money, money.
    A landmark decision of the Singapore Court of Appeal in Ascentra Holdings, Inc. and Others v SPGK Pte Ltd has overturned the first instance decision of the Singapore High Court and confirmed that solvent official liquidations can be recognised as foreign main proceedings under Singapore’s adaptation of the UNCITRAL Model Law on Cross-Border Insolvency. In so deciding, the Singapore Court has declined to follow a decision of the English High Court which had held that a company’s insolvency was a prerequisite for recognition under the UNCITRAL Model Law on Cross-Border Insolvency.
  • Mind the gap: clarifying the scope of sanction applications.
    This advisory discusses a recent decision of Mr Justice Doyle, who has provided welcome guidance in relation to the scope and extent of sanction applications brought by official liquidators.
  • Cayman Court intervenes to preserve segregation of captive insurance portfolios.
    This advisory discusses the recent judgment handed down by Justice Parker, which is an important recognition of the preservation of the function and benefits of the segregated portfolio company.