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Paul Smith

Partner, Head of Cayman Islands Litigation & Restructuring Practice

Recognition

Global Restructuring Review 100 2019 Chambers Global 2019  Legal 500 Caribbean 2019

Paul Smith is a Partner and Head of the Litigation & Restructuring practice in the Cayman Islands office of Conyers Dill & Pearman.

Paul practised at the commercial bar in London for 20 years, before joining Conyers in Bermuda in 2000. He moved to Cayman in 2013. 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).

Experience Highlights

  • 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.

Professional Background

  • Practised at the Commercial Bar in London 1979-2000
  • Lecturer, Queen’s College, Oxford 1979-1985

Education

  • Oxford University, M.A., 1981
  • Oxford University, B.A. (Jurisprudence), 1977

Bar Admissions

  • 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 2019 edition (and since 2010) of Chambers Global (dispute resolution)
  • Recognised in the 2019 edition (and since 2011) of Legal 500 Caribbean (dispute resolution)
  • Recognised in the 2019 edition (and 2018) of Legal 500 Caribbean (insurance)
  • 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)

Associations

  • Fellow of the Chartered Institute of Arbitrators
  • RISA - Cayman

Offshore Cases

The Cayman Islands: Open for Business, CDR, February 2018

Eastern Caribbean Supreme Court (BVI), 2017

Enforcement of Arbitration Award in Cayman: MNC Media Investment Limited v Ang Choon Beng, International Corporate Rescue, March 2016

Cayman Islands Court of Appeal Clarify Law in Favour of Redeeming Investors, International Corporate Rescue, January 2016

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".

Deals & Cases

3 Jul 2019
In the matter of Pinnacle Global Partners Fund I Ltd
Winding Up

16 May 2019
Qunar Cayman Islands Limited (10 May 2019) (“Qunar”)
Appeal | Dissenting Shareholders

8 Jan 2019
In the Matter of Abraaj Holdings
Costs | Insolvency | Liquidation | Winding Up

More Deals & Cases

Upcoming Firm Events

23 Oct 2019
CIArb Brazil Branch Launch

Pinheiro Neto Advogados
Rua Hungria
Jardim Europa
São Paulo
Brazil
1100

28 Oct 2019
C5 Fraud, Asset Tracing & Recovery Miami

1 Hotel South Beach
2341 Collins Avenue
Miami Beach, FL 33139

4 Nov 2019
Airline Economics Growth Frontiers Hong Kong 2019

Grand Hyatt,
1 Harbour Rd, Wan Chai
Hong Kong

More Events