Paul D Kennedy

Paul D Kennedy

Paul D Kennedy

Litigation Attorney at Appleby | Cayman Islands

Commercial litigation and insolvency attorney.

I act for investors, officeholders and institutions and have particular expertise in complex disputes relating to funds and other offshore structures, fraud investigations and in breach of duty claims in relation to the managers, auditors, administrators and custodians of investment vehicles. I have significant experience advising on sanctions and freezing orders affecting offshore assets.

I have acted in numerous liquidations and restructuring schemes and was shortlisted by the Recovery and Insolvency Association of the Cayman Islands for Attorney of the Year for 2017 and 2018.

I have a particular interest in cross-border matters and am the author of chapters in Cross-Border Judicial Cooperation in Offshore Litigation (Eds. Kawaley, Bolton & Mayer) and Cross-Border Insolvency (Ed. Look Chan Ho).

I speak regularly in the US and Europe on cross border matters including at the American Bar Association Section of International Law, Asset Recovery Americas and the World Litigation Forum.

Cases Include:

Palladyne International Asset Management B.V. v Upper Brook and Ors, FSD 68 of 2016 (Segal J) Unrep. 30 January 2019
Economic sanctions; authority issues; collateral and express undertakings; admission of overseas counsel; coordination with overseas proceedings; letters of request; privilege.

Pearson (Appellant) v Primeo Fund (Respondent) [2017] UKPC 19
(Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath)
Claims by redeeming shareholders; priority.

In Re Primeo Fund (In Official Liquidation) 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 Institutional Trust Services [Ireland] Limited & 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