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. His practice covers economic sanctions and other asset freezing measures, cross-border fraud and insolvency. Paul is also described by directories as the “go-to name for contentious insurance work” in the Cayman Islands and regularly advises professionals and their insurers on coverage and liability issues.

Paul is an experienced advocate and recently appeared as leading counsel in Re Obelisk and Re Performance Insurance, two of the most significant cases on segregated portfolio companies.

Expertise

Work Highlights

  • Re Vanguardia Group FSD 185-191 of 2019 (Richards J): Lead attorney to liquidators of the Biscayne group of companies; pursuing claims in relation to international Ponzi scheme; judgments and recoveries exceeding US$100m to date.
  • In the Matter of Performance Insurance Company SPC (in Official Liquidation) FSD 70 of 2021 (Parker J): Successfully challenged liquidators of captive insurance company on conflicts and fee allocation; acted as lead advocate at various hearings in Grand Court and currently before Court of Appeal.
  • 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.

Qualifications and Admissions

  • Trinity College Dublin, BA English and Classics, 2000 (William Roberts prize-winner)
  • Technological University Dublin, Postgraduate Diploma in Law, 2005
  • Solicitor, Ireland, 2008 (Non-Practising)
  • Solicitor, England and Wales, 2012 (Non-Practising)
  • Attorney, Cayman Islands, 2014
  • Accredited Mediator, London School of Mediation, 2019
  • Legal Practitioner, British Virgin Islands, 2021

Prior Career History

  • Dillon Eustace, Dublin
  • Appleby, Cayman Islands

Professional Associations

  • IBA, Member of Asset Recovery Committee, Litigation Committee and Insolvency Section
  • International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)
  • Recovery and Insolvency Specialists Association (RISA) Cayman Islands
  • Cayman Islands Legal Practitioners Association
  • Fellow of the International Academy of Financial Crime Litigators

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 RISA for “Attorney of the Year” four years running.
  • Listed by Who’s Who Legal as an “Asset Recovery Expert”.
  • Paul lived in Madrid for a number of years and is a fluent Spanish speaker.

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