Litigation

Campbells is widely recognised for the strength of its highly regarded litigation practice.

We have one of the largest specialist litigation teams, and routinely act in the most significant, high-value and complex disputes in both the Cayman Islands and the British Virgin Islands. We provide a full suite of dispute resolution services including complex litigation, arbitration and dispute resolution services to a diverse, international client base from our offices in Cayman, the BVI and Hong Kong.

We have a wealth of experience spanning a broad range of disputes, with particular expertise in investment fund disputes, fraud matters, trust litigation, asset tracing, shareholder disputes, professional liability actions and dissenting shareholder fair value petitions.

Our clients range from large international, financial and trading organisations to liquidators, receivers, directors and trustees in bankruptcy of international and local entities, participants in investment and trust structures and government agencies.

We pride ourselves on providing clear, practical, commercial advice and effective representation, and work closely with our clients to achieve their strategic objectives.  We prioritise resolving our clients’ disputes as efficiently and cost-effectively as possible, and have considerable experience of alternative dispute resolution.

Members of the department appear frequently before first instance and appellate courts, and have been involved in many reported cases. We are a leader in advising financial service providers and other clients in connection with local and overseas regulatory investigations. Our litigators also appear regularly as expert witnesses in foreign proceedings and speak at local and international conferences.

Recent work highlights

• Defending HSBC Group entities acting as administrator and custodian in a US$2 billion claim against them in the Cayman Islands by the liquidators of a Madoff feeder fund, Primeo.
• Defending a private equity fund in respect of claims by a high net worth individual asserting a beneficial interest in certain assets of the fund valued in excess of US$1 billion.
• Acting for defendants in an appeal to the Privy Council by the former investment manager of three Cayman funds, with a matter value in excess of US$700 million.
• Acting in numerous proceedings under s. 238 of the Companies Act of the Cayman Islands, including (a) for shareholders with in excess of US$800m of dissenter debt in the statutory merger of a global education provider and (b) for a dissenting shareholder in a US$171m statutory merger of a Chinese car services provider.
• Acting for the trustees of a high-value family trust in defence of US$300 million claims by discretionary beneficiaries.
• Representing a major international accounting firm in defence of professional liability claims in excess of US$270 million, including obtaining an anti-suit injunction in the Cayman Islands to restrain liquidators of the fund from continuing proceedings in New York.
• Acting for a major audit firm in parallel litigation and Cayman-seated arbitration proceedings in defence of claims for in excess of US$150 million concerning allegations of professional liability following the collapse of an investment fund.
• Acting for trustees and a high net worth individual in respect of claims in excess of US$300 million following the collapse of a major bank.
• Acting for a bank and trust company in relation to a £55 million class action suit filed in the Cayman Islands.
• Representing a group of dissenters in the largest appraisal rights litigation under section 238 of the Companies Act. The litigation is the largest by value to date in the Cayman Islands, with the aggregate debt owing to the dissenters at the merger price is in the region of US$2 billion.
• Acting for a prominent fiduciary services provider in the Cayman Islands in claims for US$150m concerning alleged breaches of directors’ duties.
• Acting for a Singapore company regarding claims in excess of US$100m brought against it in the BVI which resulted in a successful settlement after the Claimant appealed to Privy Council.
• Acting for a large telecommunications company in the BVI regarding judicial review of decisions by the BVI telecoms regulator.

Chambers and Partners

In relation to the Cayman Islands:

“What the team is known for: Trusted team highly regarded for its handling of contentious restructuring and insolvency matters. Also assists with a range of general commercial disputes such as those arising out of M&A transactions. Represents major financial institutions, private equity firms and investment funds.

 Strengths: Sources “think very highly” of the firm and regard it as “an attractive choice” in the local market.”

 In relation to the British Virgin Islands:

“What the team is known for: Well-regarded for its experience handling high-value commercial disputes. Noted for its particular expertise in restructuring and insolvency matters. Its broad client roster includes sovereign wealth funds, insolvency practitioners and high net worth individuals.

 Strengths: A peer enthused that the firm “acts quickly, and deals professionally with unusual situations.” Another source noted that Campbells is “practical and efficient. The team does great work and I do not hesitate to recommend them.”

Notable practitioners:

Head of the litigation, insolvency and restructuring team Guy Manning has substantial experience handling high-value cases, in particular liquidations and disputes arising from M&A transactions. Sources particularly praise his technical skills.

Mark Goodman is “one of the brightest and most effective insolvency lawyers in Cayman,” said a source, adding: “He is incredibly efficient and effective.” Another commented: “We like to use him in difficult situations. He is very robust, commercial and bright.” He has recognised strengths in advising on contentious restructuring and insolvency matters as well as trust disputes and liquidation proceedings.

Andrew Pullinger‘s practice focuses on commercial litigation, dispute resolution and international arbitration. His peers have “a huge amount of respect” for him and praise his “solid judgement.”

Shaun Folpp is the managing partner of the firm’s Hong Kong office and has considerable experience handling BVI and Cayman aspects of general commercial, financial services and trust dispute cases. One source reports: “He is clever and quick, and a pleasure to deal with.”

Legal 500:

“Campbells have the best all round Cayman litigation practice, capable of dealing with the largest, most complicated cases. They are all very easy to deal with, work hard, and are very knowledgeable of the law, but also of the Cayman courts. The…team provides far greater intellectual input into the analysis of litigation issues than any other team on the island. That shows itself in the results they achieve.”

“Guy Manning heads up the Cayman litigation, insolvency and restructuring group. While the firm has considerable experience acting in investment fund litigation and shareholder disputes, ‘outstanding litigator’ Andrew Pullinger is noted for his arbitration and fraud expertise, while the highly regarded Mark Goodman handles high-profile multijurisdictional asset tracing and trust cases. Liam Faulkner and senior associate Hamid Khanbhai, who is particularly active in appraisal rights litigation, are other names to note.