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Bio

Andrew Jackson is a Partner in the Dispute Resolution Practice Group at Appleby in the Cayman Islands.

Andrew practices principally in the fields of corporate insolvency and commercial litigation, and has particular expertise in advising and representing both creditors and liquidators in connection with insolvent liquidations and related clawback claims, acting for shareholders in connection with just and equitable winding up proceedings and related applications for provisional liquidation, conducting appraisal actions arising out of corporate mergers and litigating other forms of shareholder and partnership disputes (principally concerning investment funds).  He also has significant experience of advising on and litigating claims in tort (including for professional negligence and economic torts), for breach of contract and for unjust enrichment, and to enforce foreign judgments and arbitral awards against entities and assets situated within the Cayman Islands.

Andrew is an experienced advocate, having appeared in many substantial and complex cases in the Cayman Islands Grand Court (both with and without leading counsel), and appeals before the Cayman Islands Court of Appeal.

Work Highlights

Insolvency and Just & Equitable Winding Up Proceedings

Re Shinsun Holdings: Successful opposition of winding up petition issued by purported creditor on the basis that the purported creditor lacked standing to petition as the ultimate beneficial owner of bonds issued under a New York law governed indenture.

Re Telford Offshore: Creditor’s winding up petition involving substantial challenge to appointment of nominated liquidators on grounds of apparent lack of independence.

Wang v Principal Investing Fund and others: Successful applications by beneficial owner of participating shares in three Cayman Islands investment funds for the appointment of receivers over such shares, and by the receivers in turn for the appointment of provisional liquidators over those funds, followed by success in obtaining winding up orders in respect of the funds.

ENKA v Mass Global Energy: Successful application to appoint provisional liquidators over company substantially indebted under a foreign arbitral award.

Re Global Fidelity Bank: Advising and representing liquidators in connection with conduct of insolvent liquidation and pursuit of potential claims on behalf of liquidation estate.

Re Foster (a Bankrupt): Advising and representing trustee in bankruptcy in respect of longest running personal bankruptcy in the Cayman Islands, involving a number of significant investigations and complex claims against parties related to the bankrupt.

Re Seahawk China Dynamic Fund: Seven-day trial (appearing with Sebastian Said) of a just and equitable petition for the winding up of a US$400m Fund, involving allegations of dishonest breaches of fiduciary duty relating to alterations to performance fee payments, late trade allocations by way of ‘rat trading’/‘cherry picking’ of trades as between competing funds managed by the same investment manager, and with trading accounts at the same prime broker. Legal issues on the trial of the petition included the proper approach to proving dishonesty, lack of probity, quasi-partnership and legitimate expectations, the need for an investigation into the fund’s affairs and the availability of alternative remedies.

Re AJW Funds: Advising and representing liquidators in connection with conduct of insolvent liquidation of investment funds which were the subject of a substantial fraud.

Weavering v Somers Dublin Ltd and others: Advising and representing numerous institutional investors in their defence of voidable preference claims brought by the liquidators of the Weavering Macro Fixed Income Fund, in respect of which a “test case” was ultimately decided by the Privy Council.

Appraisal Actions

Andrew has represented and/or advised dissenting shareholders pursuing claims to be paid the fair value of their shares following take-private merger transactions in the following appraisal actions:

Re iKang Healthcare Group

Re Nord Anglia Education Inc

Re Qunar Cayman Islands Ltd

Re Homeinns Hotel Group

Re 58.com

Re Eurasia Drilling

Re E-House (China) Holdings Ltd

Re E-Commerce China Dangdang Inc

Re Kongzhong Corporation

Re Sky-mobi Ltd

Re MobilePeak Holdings Ltd.

Commercial Litigation

ENKA v Mass Global Energy: Successful proceedings to enforce a foreign arbitral award, involving successful related applications for inter alia worldwide asset-freezing injunctive relief, the appointment of provisional liquidators and an anti-suit injunction.

Lakatamia Shipping v Nobu Su: Successfully obtained summary judgment on claims to enforce judgments of the English High Court and Court of Appeal following a heavily-contested hearing, at which numerous arguments were raised against granting enforcement at common law.

Trustee in Bankruptcy v GKF Holdings Ltd: Advising and representing the Trustee in Bankruptcy and her agents on claims for unjust enrichment and indemnification in equity, including interim asset-freezing relief.

McGlynn Enterprises v Embury: Successfully obtained summary judgment on claims for professional negligence and breach of a Quistclose-type trust in respect of a conveyancing transaction, following a heavily-contested one-day hearing, with costs awarded against the defendant on the indemnity basis.

Chambers (Administratrix) v AG of the Cayman Islands and Maouris: A clinical negligence case involving highly complex issues, with evidence from medical and other experts across multiple specialisms.

Renova Resources v Gilbertson: Advising and representing the defendant director in respect of a substantial derivative action for breach of fiduciary duty (diversion of a corporate opportunity), involving a month-long trial at first instance with several witnesses of fact and expert valuation evidence.

Sigma v Trustcorp and Seto: Advising and representing the Japanese trustee in bankruptcy of the estate of Kenshin Oshima, a Bankrupt in proceedings concerning the unlawful disposition of trust property by way of allegedly falsified documents.

Recognition

Andrew is listed as a ‘Key Lawyer’ by Legal 500 2023 and is recogniased as a specialist in appraisal actions.  He is described as “Outstanding technically, particularly in relation to share valuation disputes.”  Clients say he is “A pleasure to work with.”

Qualifications & Education

  • University of Liverpool (England)
  • BPP Law School, London (England)

Memberships & Associations

Andrew also sits as a member of the Cayman Islands Civil Service Appeals Commission, hearing appeals from civil servants on personnel-related matters.

Related People

David Lee

Partner: Cayman Islands

T +1 345 814 2083
E Email David

David Lewis-Hall

Consultant: Cayman Islands

T +1 (345) 814 2047
E Email David

Damon Booth

Counsel: Hong Kong

T +852 2905 5781
E Email Damon

Ellie Taylor

Paralegal: Cayman Islands

T +1345 8142044
E Email Ellie

Zoë Justice

Senior Associate: Cayman Islands

T +1 345 325 4285
E Email Zoë

Zuhair Farouki

Associate: Cayman Islands

T +1345 814 2728
E Email Zuhair

Charlotte Walker

Senior Associate: Cayman Islands

T +1 345 814 2052
E Email Charlotte

Alan Bercow

Partner: Cayman Islands

T +1 345 814 2036
E Email Alan

Will Porter

Associate: Cayman Islands

T +1 345 814 2979
E Email Will

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