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

Client Advisories