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

Overview

Paul is Counsel in our Litigation, Insolvency & Restructuring Group, based in the Cayman Islands office. He has particular expertise in complex cross-border disputes relating to funds and other offshore structures, asset recovery claims and fraud investigations and in breach of duty claims in relation to the managers, auditors, administrators and custodians of investment vehicles. Paul is one of the leading experts in the Cayman Islands on sanctions and asset freezing measures affecting offshore assets and has also written and spoken extensively on cross-border litigation and insolvency matters.

Notable instructions include: acting for funds and their directors in defending claims of breaches of economic sanctions; representing Brazilian judicial administrator in relation to major asset recovery claims against a Cayman trust; advising the liquidators of a vast multinational group which siphoned Latin American investments 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 Ernst & Young Cayman in resisting an application for disclosure of documents brought by the liquidators of a former audit client.

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

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

Prior Career History

  • Dillon Eustace, Dublin
  • Appleby, Cayman Islands

Professional Associations

  • 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.