Appleby’s Fund Disputes team is an industry leader, being one of the few offshore firms to field a specialist team dealing with fund disputes, and having been involved in a number of high-profile proceedings. Our team of highly skilled and talented fund disputes lawyers have experience that covers all types of funds, including corporate funds, limited partnerships, unit trusts, regulated mutual funds, closed-ended funds and private equity funds. We act for a wide range of parties involved in fund-related matters, including office-holders, directors, auditors, investment managers, shareholders and creditors.

Appleby provides Fund Disputes services in Cayman Islands, Bermuda, British Virgin Islands, Isle of Man, Guernsey, Jersey and Mauritius. We can also call on our experienced Funds and Investment Services team to provide further technical advice.

We regularly provide advice and assistance regarding matters such as:

  • Redemption issues
  • Shareholders’ rights
  • Directors’ liabilities
  • Enforceability of side letters
  • Disputes between service providers
  • Valuation issues
  • Fraud and mismanagement of fund assets
  • Restructuring distressed funds
  • Winding up and dissolution of insolvent funds

Client experience

Representative Work

Advising and representing liquidators

Advising and representing the liquidators in relation to their actions to recover losses for investors who lost US$1.5 billion in the collapse of Bear Stearns subprime-invested hedge fund, the largest and highest-profile hedge fund collapse arising out of the subprime mortgage crisis

Acting for Phoenix Meridian Equity Ltd.

Acting for Phoenix Meridian Equity Ltd. in the first Cayman Islands case on misvaluation to go to trial, raising unprecedented issues about construction of fund investment documentation, and the obligation of funds to disclose underlying hedging transaction costs to investors

Advising Gottex Fund Management Sarl

Advising Gottex Fund Management Sarl on its attempt to redeem a US$40 million investment in CPIM Structured Credit Fund and its challenge through the Cayman Islands Court of the fund’s retrospective imposition of a ‘gate’ on its redemption notice to block the payment of redemption proceeds.

Our Experts

Jared Dann

Group Partner: Jersey

T +44 (0)1534 818 313
E Email Jared

Charles Davies

Partner: Isle of Man

T +44 (0)1624 647 622
E Email Charles

Tony Heaver-Wren

Partner: Cayman Islands

T +1 345 814 2732
E Email Tony

Mark Holligon

Global Practice Group Co-Head of Dispute Resolution : Isle of Man

T +44 (0)1624 647 691
E Email Mark

David Lee

Partner: Cayman Islands

T +1 345 814 2083
E Email David

Fraser Robertson

Group Partner: Jersey

T +44 (0)1534 818 032
E Email Fraser

Eliot Simpson

Partner: Hong Kong, Shanghai

T +852 2905 5765
E Email Eliot

John Wasty

Global Practice Group Co-Head of Dispute Resolution: Bermuda

T +1 441 298 3206
E Email John

Anthony Williams

Partner: Guernsey

T +44 (0)1481 755 622
E Email Anthony

Yantee Hurnaurn-Calcutteea

Senior Associate: Mauritius

T +230 203 4310
E Email Yantee

Andrew Jackson

Senior Associate: Cayman Islands

T +1 345 814 2738
E Email Andrew

Craig Campbell

Senior Associate: Jersey

T +44 (0) 1534 818 101
E Email Craig

Heather Froude

Associate: Cayman Islands

T +1 345 814 2713
E Email Heather

Richard Field

Partner: Guernsey

T +44 (0)1481 755 610
E Email Richard

Richard Sheldon

Group Partner*: Guernsey, Jersey

T +44 (0)1481 755 904
E Email Richard

Andrew Murphy

Associate*: Guernsey

T +44 (0)1481 755 902
E Email Andrew

Paula Fry

Senior Associate*: Guernsey

T +44 (0)1481 755 907
E Email Paula

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