Overview

Liam is a partner in our Litigation, Insolvency & Restructuring Group where he specialises in cross-border insolvency, restructuring and litigation, with extensive experience in shareholder and investment fund disputes. He joined Campbells in 2015, having previously worked in the British Virgin Islands and London. As part of his practice, Liam advises on both Cayman Islands and BVI law and maintains a practicing certificate in both jurisdictions. Liam has considerable experience of disputes arising out of Hong Kong and the PRC having spent two years practicing in Campbells’ Hong Kong office.

Expertise

  • Shareholder disputes
  • Commercial litigation
  • Directors’ duties – acting for and against directors
  • Fraud and asset recovery
  • Ancillary relief in support of domestic and foreign proceedings
  • Investment fund disputes
  • Captive insurance disputes
  • Acting for general partners, limited partners and investment managers of exempted limited partnerships
  • Professional negligence claims – acting for and against auditors, custodians, investment managers, independent directors and other service providers
  • Acting for liquidators, provisional liquidators, receivers and inspectors
  • Acting for creditors and creditor committees
  • Debt restructuring and schemes of arrangement

Work Highlights

  • Advising the liquidators of ABRAAJ Investment Management Limited, in what has been described as the largest collapse ever of a private equity firm.
  • Advising a Cayman domiciled private equity group in a multi-billion dollar ownership dispute involving proceedings in the Cayman Islands, Hong Kong and the PRC.
  • Advising the liquidators of two of the largest Madoff feeder funds.
  • Acting for the petitioner in just and equitable winding up proceedings of a captive insurance company.

Qualifications and Admissions

  • Attorney at Law, Cayman Islands, 2015
  • Admitted in the British Virgin Islands, 2012
  • Admitted in England and Wales, 2009, (non-practising)

Prior Career History

  • Forbes Hare, British Virgin Islands (2012-2015)
  • Squire Patton Boggs, England & Wales (2007-2012)

Professional Associations

  • Cayman Islands Law Society
  • BVI Bar Association
  • Law Society of England & Wales
  • Recovery & Insolvency Specialists Association (RISA)
  • INSOL International, INSOL Fellow (2017)

Publications and News

Articles

Client Advisories

  • BVI Court clarifies dissenter and statutory appraisal rights of shareholders.
    Over the past 12-18 months we have seen a marked increase in the number of BVI statutory fair value appraisals as a result of minority shareholders exercising dissent rights to certain types of transactions, including take-private transactions and SPAC acquisitions.
  • Cayman Insolvency & Restructuring: A Review of 2021.
    Liam Faulkner, a Partner in our Cayman Islands’ Insolvency & Restructuring team, provides an overview of the past year including the insolvency statistics, the restructuring case of the year, a summary of the key judgments and the legislative amendments to be enacted in 2022.
  • Cayman Court clarifies the winding up regime applicable to exempted limited partnerships.
    In a recent judgment in In the matter of Padma Fund LP, Parker J held that the Court does not have jurisdiction to make a winding up order against an exempted limited partnership on a creditor’s petition and that the remedy of a creditor is to commence proceedings against the general partner for an unpaid debt.
  • Cayman Court clarifies the test for the appointment of provisional liquidators.
    The Cayman court has recently dismissed two unrelated applications to appoint JPLs pending the determination of a just and equitable winding up petition alleging a loss of trust and confidence in management. Liam Faulkner discusses these two cases and the hurdles that any applicant must jump on a PL application.