Paul Kennedy - Counsel, Campbells Grand Cayman - Litigation, Insolvency & Restructuring

Overview

Paul is a partner in our Litigation, Insolvency & Restructuring Group, based in the Cayman Islands office. He is one of the leading experts on sanctions and asset freezing measures affecting offshore assets and on the nexus between cross-border fraud and insolvency. Paul is described by directories as the “go-to name for contentious insurance work” including in the captive insurance space and regularly advises professionals and their insurers on liability issues.

Notable instructions include: acting for funds and their directors in defending claims of breaches of economic sanctions up to the Privy Council; representing a Brazilian judicial administrator in relation to major asset recovery claims against a Cayman trust; advising the liquidators of a multinational group whose investments were diverted into a US$300m+ Ponzi scheme; acting for a Swiss bank intervening before the Privy Council in a dispute over a $490m distribution waterfall from the Madoff estate; acting for a Big 4 audit firm in resisting an application for disclosure of documents by liquidators.

Expertise

Work Highlights

  • Palladyne International Asset Management B.V. v Upper Brook and Ors, FSD 68 of 2016 (Segal J); CICA Appeal No. 5 of 2019; JCPC 2020/0029
    Economic sanctions; authority issues; writ process; collateral and express undertakings; admission of overseas counsel; coordination with overseas proceedings; letters of request; privilege; leave to appeal as of right and special leave.
  • Pearson (Appellant) v Primeo Fund (Respondent), [2017] UKPC 19
    (Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath)
    Claims by redeeming shareholders; priority.
  • Primeo Fund (In Official Liquidation) v EY, FSD 30 of 2010 (McMillan J)
    Delivery up of audit papers; improper use of liquidators’ powers; indemnity costs orders in liquidation proceedings.
  • Kalix Fund Ltd & Anor v HSBC & Anor, [2009] IEHC 457 (Clarke J and Charleton J) Madoff feeder fund (Thema) related action; Custodian liability under UCITS Directive; Rule in Foss v Harbottle; Reflective Loss.

Qualifications and Admissions

  • Accredited Mediator, London School of Mediation, 2019
  • Attorney at Law, Cayman Islands, 2014
  • Solicitor, England and Wales, 2012
  • Solicitor, Ireland, 2008
  • Technological University Dublin, Postgraduate Diploma in Law, 2005
  • Trinity College Dublin, BA English and Classics, 2000

Prior Career History

  • Dillon Eustace, Dublin
  • Appleby, Cayman Islands

Professional Associations

  • Fellow of The International Academy of Financial Crime Litigators
  • International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)
  • Recovery and Insolvency Specialists Association Cayman Islands
  • Cayman Islands Legal Practitioners Association

Recognition and Awards

  • Nominated as a Fellow of the International Academy of Financial Crime Litigators, a collaboration of leading public-and private-litigation professionals working with the Basel Institute on Governance to expand worldwide access to solutions in economic crime cases.
  • Shortlisted by the Recovery and Insolvency Association of the Cayman Islands for Attorney of the Year for 2017, 2018, 2019 and 2020.

Publications and News

Articles

  • Cayman Islands - ICLG Sanctions Guide 2023.
    Campbells authors the Cayman Islands chapter of this sanctions guide for the first time, discussing relevant laws and regulations in the jurisdiction.
  • Freezing in the Caribbean.
    Nienke Lillington and Paul Kennedy co-author this article which focuses on the freezing issue in the British Virgin Islands.
  • GRR Americas Restructuring Review.
    The Cayman chapter discusses key aspects of the successful Cayman Islands restructuring regime, including schemes of arrangement, provisional liquidation, statutory moratorium, creditors' meetings, COMI shift and the rule in Gibbs. 
  • Campbells Contributes to GTDT Dispute Resolution Guide.
    Guy Manning and Paul Kennedy co-author the Cayman Islands chapter of Getting The Deal Through - Dispute Resolution 2021, which covers local insights into litigation, arbitration and alternative dispute resolution worldwide.

Client Advisories