Paul Kennedy is Counsel in the Appleby Dispute Resolution practice group in the Cayman Islands. He is a member of the Fund Disputes team that is described by Chambers Global as “one of the largest teams on the market, with a tremendous amount of experienced people.” He has acted in commercial litigation in the Grand Court and Court of Appeal of the Cayman Islands, the Irish High Court, in ADR and regulatory processes and in appeals to the Privy Council. He is the author of a chapter in the leading text on Cross-Border Judicial Cooperation in Offshore Litigation.
Paul has acted for both investors and financial institutions and has particular expertise in disputes relating to complex offshore structures and fraud investigation. He acts for the liquidators of a number of insolvent Cayman Islands funds and has advised in relation to restructuring schemes. Paul has also acted in breach of duty claims in relation to the managers, administrators and custodians of hedge funds. Paul has significant experience in advising on seeking injunctive relief and regularly advises on freezing orders and sanctions affecting offshore assets.
Recent work includes:
- Advising in relation to Mareva relief and other asset freezing measures
- Acting for auditors in respect of claim for production of documents including audit working papers
- Representing a sovereign wealth fund in dispute with hedge fund management company
- Advising clients in respect of defence of enforcement of foreign arbitral award
- Advising on Letter of Request procedure in Cayman Court (both incoming and outgoing) and the taking depositions for the Southern District of New York in the Cayman Islands
- Providing local law advice to overseas counsel in proceedings before the Swiss, Monagasque and New York courts
- Acting for a number of entities in restructuring via schemes of arrangement pursuant to the Companies Law
- Providing regulatory advice in relation to suspicious activity reporting, disclosure demands and enforcement proceedings
- Advising a liquidation committee member on priority issues and the question of ‘net equity’ distributions
- Acting for a Canadian Bank and the Receivers of large Cayman hotel resort advising on all aspects of receivership and on proceedings against borrowers
- Advising on and defending demands and winding up petitions brought by or against Cayman registered companies
- Advising various overseas institutions with respect to Cayman Islands and Commonwealth sanction regimes
- Managing and advising on large scale document retrieval, review and production exercises by financial institutions and well versed in technological aspects of same.
Law Society of Ireland (Dublin, Ireland)
Dublin Institute of Technology (Dublin, Ireland)
Trinity College (Dublin, Ireland)