Paul Smith is a Consultant and Commercial Litigation Advocate in the Bermuda Disputes Resolution practice.
Paul practised at the commercial bar in London for 20 years, before joining Conyers in Bermuda in 2000. He moved to Cayman in 2013 where headed up the Litigation & Restructuring department and returned to Bermuda in 2020. Paul’s practice covers all aspects of dispute resolution with specialist expertise in commercial litigation, arbitration, insolvency and trust litigation. Paul is a member of the Firm’s partner-led Asia Disputes & Restructuring Group (ADRG). The ADRG provides Bermuda, British Virgin Islands and Cayman Islands litigation advice to clients in the Far East; ensuring they have access to fully coordinated litigation advice and services provided by a seamless and comprehensive team across jurisdictions and time zones.
For the last 35 years, Paul has practised all aspects of commercial litigation and arbitration in London, Bermuda and Cayman. He has been involved in significant commercial cases, many of which are reported. During the last 10 years, his practice has included, in particular, trust disputes, company law and shareholder disputes, insolvencies and restructurings. Paul has extensive experience appearing as counsel before the commercial court in Bermuda and the Cayman Islands, the Courts of Appeal for Bermuda and the Cayman Islands and the Privy Council.
Paul is the co-author of the Bermuda chapter of “Global Financial Crisis; Navigating and Understanding the Legal and Regulatory Aspects” and the Bermuda chapter of “International Trust Disputes” (OUP, 2012) and is a contributing editor of “Cayman Islands Company & Commercial Law (Sweet & Maxwell, 2015 and 2019).
- Represented the trustee of a large Cayman trust in respect of English divorce proceedings.
- Represented RMF in the Cayman courts and Privy Council in a dispute about clawback redemption proceeds paid to a fund investor/shareholder.
- Represented PricewaterhouseCoopers in the Bermuda courts and Privy Council in the Singularis case – a dispute about the ability of local courts to assist foreign liquidators by ordering the disclosure of accountant’s working papers.
- Represented the trustee of a large Bermuda trust in a major restructuring.
- Represented the beneficiary of a large Bermuda trust in the Bermuda courts in a dispute about the disclosure of trust information by trustees.
- Successfully defended Mutual Indemnity (Bermuda) Limited, a Rent-a-Captive insurer, in the Bermuda courts and Privy Council from a major fraud claim.
- Acted in several large shareholder oppression claims and appraisal actions.
- Represented Titan Petrochemicals Group in striking out a winding-up petition.
- Practised at the Commercial Bar in London 1979-2000
- Lecturer, Queen’s College, Oxford 1979-1985
- Oxford University, M.A., 1981
- Oxford University, B.A. (Jurisprudence), 1977
- British Virgin Islands, Barrister, 2016
- Cayman Islands, Attorney, 2012
- Bermuda, Barrister and Attorney, 2001
- England & Wales, Barrister, 1979 (not currently practising)
Awards & Accolades
- Recognised in the 2021 edition (and since 2011) of Legal 500 Caribbean (dispute resolution)
- Recognised in the 2021 edition (and since 2018) of Legal 500 Caribbean (insurance)
- Recognised in the 2021 edition (and since 2010) of Chambers Global (dispute resolution)
- Recognised in the 2020 edition (and 2019) of Global Restructuring Review 100
- Recognised in the 2018 edition of Who’s Who Legal (asset recovery)
- Recognised in the 2015 edition (and since 2013) of Who’s Who Legal (private client)
- Recognised in the 2015 edition of Legal Media Groups’ Expert Guides (insurance and reinsurance)
- Fellow of the Chartered Institute of Arbitrators
- RISA – Cayman
Eastern Caribbean Supreme Court (BVI), 2017
I want my (equitable) property back: time limits on recovering trust property from innocent volunteers, Trusts & Trustees, August 2015
Co-author of the Bermuda chapter of “International Trust Disputes” (OUP, 2012)
Co-author of the Bermuda chapter of “Global Financial Crisis; Navigating and Understanding the Legal and Regulatory Aspects”.