Angela Barkhouse

Coming to fraud investigations with a unique perspective, Angela Barkhouse applies her broad experience in assessing corruption, investigating fraud and winding up entities to derive practical solutions to ascertaining the facts and repatriating stolen assets. Where businesses want to be proactive in risk management, Angela can assist with mitigating the impact of financial crime and economic loss.

With 15 years’ professional experience, Angela has consulted with governments, law firms, banks, corporations and NGO’s to investigate financial fraud, bribery, corruption, conflicts of interest, embezzlement, stolen sovereign wealth, and make cross-border asset recoveries.

Selected Engagements:

  • Currently acting for a newly elected Government in Asia in investigating money laundering through the central bank with the collusion of high ranking members of the former government and government agencies.
  • Led the forensic investigation into the misappropriation of substantial assets by members of a former regime in South Asia through the central banking system and government owned entities, supporting multi-jurisdictional litigation for both criminal and civil proceedings in claims exceeding $1billion.
  • Investigated the embezzlement, kickbacks and bribery allegations against a senior government official in Africa; examining evidence in support of interim disclosure and freezing orders in the UK.
  • Investigation and litigation support in a claim by minority shareholders against third parties for the money laundering of drug trafficking and terrorist financing activities through Latin America, Africa and Lebanon.
  • Acted as an independent expert for the UNDP in assessing strategies in the investigation of corruption cases in Tunisia.
  • A member of the Cross-Sector Advisory Board, advising on HMG Counter-Fraud framework recently developed by the Cabinet Office.

Firm Overview:

Founded in 2007 in the Cayman Islands, KRyS Global is an international asset recovery firm with an expertise in offshore focused fraud investigations, cross-border insolvency and restructurings, and litigation support. The firm has grown to over 50 outstanding professionals working from seven offices worldwide, predominantly situated in offshore financial centres, KRyS Global has built an enviable reputation for timely, proactive and innovative solutions, particularly in situations of uncertainty, leveraging the knowledge and experience of our professionals and incorporating practical common sense in ensuring positive outcomes for our clients.

All of our service lines have an ultimate focus on achieving positive outcomes and recoveries for our clients and stakeholders: whilst many of our professionals hold accountancy qualifications we do not offer audit or tax advisory services. We prefer to avoid conflicts of interests and we value the independence and free-thinking that empowers.

Although many of our professionals are experienced in dealing with contentious and non-contentious insolvencies and restructurings, we are not a traditional firm of “insolvency practitioners”. Our cases often require that we utilize our full suite capabilities and skills to make recoveries for stakeholders.

We also invest heavily in ensuring that our people have in-house access to the most cutting edge digital forensic and e-discovery tools. Coupled with the local fraud investigation expertise and knowledge, our clients can rely upon being best placed to get a favourable result.

Our competitors tend to be the international accounting firms: some managed from their onshore headquarters with little awareness of local knowledge. These behemoths simply cannot offer the nimble, hands on approach which we can to our client’s problems. We live, work and operate within the offshore world: this is what we do.

And, in all that we do, we are relentless in continuously striving to be innovators within our field. We are a unique firm offering sophisticated but practical solutions to complex issues. Our approach and the successful outcomes our clients enjoy are unrivalled.

Our corporate vision is:

  • To be the most effective and sought after offshore asset recovery firm with an expertise in offshore focused fraud investigations, cross-border insolvency and restructurings, and litigation support.
  • To approach each matter with creativity, objectivity and lateral thinking while identifying practical strategies and resolutions.
  • To encourage our teams to be relentless, forward-thinking and challenge each member to provide services that exceed our Clients’ expectations.
  • Commitment to being the global leader in our industry, delivering results and achieving exceptional value for our Clients.

Kyle Broadhurst

Kyle Broadhurst is a respected and leading advocate in complex civil litigation and administrative tribunal proceedings in the Cayman Islands. He represents plaintiffs and defendants in a wide variety of disputes including bankruptcy and insolvency, negligence and personal injury, construction and property disputes. He also maintains an active commercial and general practice providing advice with respect to company formation and management, estates and trust, real estate (including lending, security and enforcement), and strata law.

Kyle trained as a barrister at the Inns of Court School of Law in London, England and was called to the bar of England & Wales in 2000. He commenced his law practice in the Cayman Islands in 2001. Kyle has acted in numerous significant disputes at all levels of court and has appeared in over thirty reported cases.

EDUCATION, PROFESSIONAL ACHIEVEMENTS AND COMMUNITY ACTIVITIES

Kyle received his Bachelor of Arts from Queen’s University and his Bachelor of Laws from the University of Liverpool. He successfully completed the Barristers Vocational Course at the Inns of Court School of Law and was called to the Bar of England in 2000 (non-practicing). Kyle was admitted as an Attorney-at-Law in the Cayman Islands in 2001. He is an accredited mediator and Notary Public. In 2012 he obtained his STEP Diploma in International Trust Management.

Kyle is actively involved in the Cayman Islands Chamber of Commerce and was elected president of the Chamber of Commerce in February 2017.  Kyle is a graduate of the Leadership Cayman program and now serves as the chair of the Leadership Cayman Alumni Committee.

In 2008, Kyle coordinated the creation of a youth flag football league. He continued to coordinate the league for the following seven years. The league is extremely popular and Kyle continues to coach each season.

REPRESENTATIVE WORK

  • In the Matter of Wimbledon Financing Fund, acted as counsel on behalf of investors to obtain winding up order with respect to US$ 100 Million dollar hedge fund. Currently instructed by the Joint Official Liquidators with respect to the liquidation of the fund.
  • In the Matter of William H. Millard, [2013] 2 CILR 83, 404; [2014] 1 CILR 342 C.A., acted as counsel in bankruptcy proceedings arising from a US$123 Million dollar foreign tax judgment.
  • Masri v. Consolidated Contractors International Company SAL & Anor [2011] 1 CILR 79, acted as counsel to defendant in proceedings successfully setting aside order granting leave to serve enforcement proceedings relating to a US $65 Million dollar judgment outside the jurisdiction.
  • Masri v. Consolidated Contractors International Company SAL & Anor [2010] 1 CILR 265 acted as counsel to defendant in proceedings successfully setting aside order granting recognition of foreign receivership.
  • Name Administration v. Balglow Finance & Anor acted as counsel to plaintiff in declaratory proceedings concerning the registration and use of a domain name.
  • Tom Jones International v. Attorney General of the Cayman Islands, [2010] 2 CILR Note 3, acted as counsel to contractor in court and arbitration proceedings concerning the largest government construction project in the Cayman Islands.
  • Micro Industries Inc v. Condoco Grand Cayman Resorts Ltd. [2002] CILR 289, [2003] CILR 1, acted as counsel to purchaser concerning a dispute with respect to the size of a multimillion dollar condominium unit at the Ritz Carlton in the Cayman Islands.
  • Bodden v. Solomon [2008] CILR 385, [2004-05] CILR 397, acted as counsel to a plaintiff who suffered catastrophic brain and orthopedic injuries and required lifelong assistance. Liability was disputed but established at trial. Final award was one of the highest personal injury awards in the history of the Cayman Islands.
  • Blakeman v. Bowen (2012), acted as counsel to a plaintiff who was struck by a vehicle while crossing road. Plaintiff suffered severe orthopedic injuries and a traumatic brain injury. Liability was disputed. Matter was settled.
  • Bodden v. Thompson (2012), acted as counsel to a plaintiff who suffered severe injuries to the left arm and a traumatic brain injury. The matter was settled at trial.
  • Farrell v. Bodden [2013] 2 CILR 421, acted as counsel to plaintiffs who were struck by vehicle while crossing a road. The male plaintiff suffered severe orthopedic injuries and a traumatic brain injury. The female plaintiff suffered severe orthopedic injuries. Liability was successful establish at trial and judgment obtained.
  • Governor v. Information Commissioner [2013] 2 CILR 421, [2015] (1) CILR 258, acted as counsel to the Information Commissioner of the Cayman Islands with respect to the two judicial review proceedings addressing the Freedom of Information Law.
  • Regularly acts on behalf of Category “A” Banks in the Cayman Islands with respect to lending facilities and placement of security.
  • Regularly acts on behalf of vendors, purchasers and lenders in connection with real estate transactions; also regularly instructed to represent strata corporations and members of strata corporations.
  • Acted in numerous contentious and non-contentious strata and real estate law matters, including the following representative cases:
    • Instructed by residence owners in the Ritz Carlton development concerning the receivership of the developer, the sale of the development, and the ongoing management of the strata corporations.
  • Regularly acts in both contentious and non-contentious matters in trust, probate and estate matters, including the following recent representative cases:
    • Coordinated the recovery of multi-million dollars in assets for an intestate’s estate in circumstances where the information of the assets of the deceased was extremely limited and the assets were spread across multiple jurisdictions.
    • Successfully obtained a guardianship order on behalf of disabled individual’s family.
    • Acted on behalf of respondent to guardianship proceeding concerning issues relating to the ownership of joint assets (In re Goldemberg [2007] CILR Note 8, [2008] CILR 36).
    • Regularly instructed to prepare wills and trusts and to provide advice to executors, administrators and trustees.

Firm Description

Broadhurst LLC is an offshore corporate and litigation boutique operating in and from the Cayman Islands. We work closely with our clients to identify and resolve their legal matters with practical solutions.

Caroline Barton

Caroline is a partner within the Corporate department in Cayman and Group Head of Banking & Asset Finance, as well as Transport & Logistics.

Her practice areas include private equity, asset finance, corporate finance, bond offerings and structured finance. She is extensively involved in aircraft and vessel financing, subscription financing and CLOs. Caroline also has deep experience in capital markets, corporate restructuring and mergers and acquisitions, especially working on the buyer side of transactions.

Caroline was recently recognised by Who’s Who Legal in 2016 with respect to Aircraft Finance, and acknowledged as a ´Rising Star´ in IFLR1000´s 2015 capital markets law rankings.

She is a member of the Cayman Islands Law Society, the Law Society of England and Wales, the Cayman Islands Labour Tribunal and the Caymanian Bar Association, and a notary public registered in the Cayman Islands.

Recent highlights include advising:

– China Merchants Bank Co., Ltd. in connection with just under US$1 billion loan facility to Perfect World Co., Ltd. to finance its high profile management buy-out and privatisation.
– China Merchants Bank Co., Ltd. in connection with its US$100m loan facility to Delta Health to finance the construction of its first world class cardiovascular hospital in Shanghai. Delta Health is majority owned and controlled by Fidelity Growth Partners Asia and its affiliates.
– Seller in relation to it sale to DHT Holdings of all of its outstanding capital in Samco Shipholding Pte. Ltd. for an initial estimated purchase price of $317 million in cash. Included in the purchase were Samco´s 10 Cayman subsidiaries which hold ownership to its oil tankers.
– A leading financial institution as lender in a uniquely structured security package in the subscription credit market whereby investors were issued shares at par value on closing coupled with a remaining obligation to fund their outstanding commitment with respect to those shares when called to do so by the Cayman company. The company in turn then granted the lender a security interest over its right to enforce the shareholders’ obligations to fund their remaining commitments.
– Höegh LNG Holdings Ltd. and its subsidiaries in connection with the formation of Höegh LNG Partners LP, a Marshall Islands limited partnership (MLP) and the MLP´s initial public offering of 11,040,000 common units representing limited partner interests in the MLP at USD 20.00 per unit. The MLP was formed to own, operate and acquire floating storage and regasification units, liquefied natural gas carriers and other LNG infrastructure assets under long-term charters.
– Closed 13 CLOs so far in 2015 for, amongst others, Citibank, Wells Fargo, Deutsche Bank and Credit Suisse.

Education:

– University of Bristol (England)
– Nottingham Trent University (England)

Law Firm Overview:

We are an offshore law firm with around 470 people, including 60 partners, operating from 10 offices around the globe. We advise global public and private companies, financial institutions, and high net worth individuals, working with them and their advisers to achieve practical solutions, whether in a single location or across multiple jurisdictions.

Appleby represents combined ingenuity and talent taken from all of the most significant international offshore financial centres, and is focused on the development of new products and the provision of effective service to its many international clients.

Raymond Davern

Raymond Davern, Counsel, is Head of the Private Client and Trust practices in both the Cayman Islands and British Virgin Islands offices of Conyers Dill & Pearman. Raymond regularly works with leading onshore legal and accounting firms in the US, UK, Europe, Latin America, MENA region and South East Asia to establish and provide advice in relation to trust and related structures for high-net-worth and ultra-high-net-worth individuals in succession, estate planning and asset protection contexts.

Raymond also undertakes specialist trust litigation in both jurisdictions at first instance and appellate levels, regularly appearing as an advocate. He also advises on the administration of Cayman and BVI situated estate of foreign domiciled deceased persons in both contentious and non-contentious contexts.

Raymond has over 25 years of experience, and joined Conyers in 2010. In addition to his private client and litigation experience, Raymond has served as a lecturer on the Law of Trusts at King’s College in London, England.

Firm Overview:

Founded in 1928, Conyers Dill & Pearman is an international law firm advising on the laws of Bermuda, the British Virgin Islands, the Cayman Islands and Mauritius. With a global network that includes 140 lawyers spanning eight offices worldwide, Conyers provides responsive, sophisticated, solution-driven legal advice to clients seeking specialised expertise on corporate and commercial, litigation, restructuring and insolvency, and trust and private client matters. Conyers is affiliated with the Codan group of companies, which provide a range of trust, corporate secretarial, accounting and management services.

Guy Manning

Guy is a partner and head of our Litigation, Insolvency & Restructuring Group. He joined Campbells in 2005 having previously practised in the London office of a leading international law firm. In his spare time Guy is a keen mountaineer who has climbed the Seven Summits, the highest mountain on each continent.

“A very bright man who gives useful, fit-for-purpose advice that’s commercially focused,” and is also widely regarded as “one of the nicest, most personable people in Cayman – a delight to deal with.” ~ Chambers and Partners

Qualifications & Admissions:

– Solicitor of the Supreme Court of England and Wales, 1999 (non-practising)
– Attorney at Law Cayman Islands, 2005
– Solicitor British Virgin Islands, 2011

Expertise:

Guy advises and appears in the Cayman Islands Courts on behalf of creditors, shareholders, provisional and official liquidators, directors, managers and other professional service providers in relation to the restructuring and liquidation of Cayman companies and other entities.  Guy also has an active general litigation practice involving widely varying commercial contexts and structures, but with a particular emphasis on shareholder and investment fund disputes.

He has been involved in many of the jurisdiction’s highest profile disputes, liquidations and restructurings. Notable recent instructions include advising LDK Solar CO., Ltd (one of the world’s largest manufacturers of photovoltaic products) and its provisional liquidators in connection with the restructuring of over USD$700 million of offshore debt across the LDK group; acting for DPM Mellon (an affiliate of BNY Mellon) in connection with substantial claims arising from the US$500m liquidation of the Sphinx group of funds; and advising the provisional liquidators of Arcapita Investment Holdings Limited in respect of the US$1.2bn restructuring of the company and its parent, Arcapita Bank B.S.C. (c), a Shari’ah compliant Bahrain based investment bank.

Guy is a regular speaker at international fund and insolvency conferences and has given expert evidence of Cayman Islands law to various foreign courts.

Recognition & Awards:

Chambers and Partners report that Guy is “a very bright man who gives useful, fit-for-purpose advice that’s commercially focused,” and is also widely regarded as “one of the nicest, most personable people in Cayman – a delight to deal with” (2017), is “someone who thinks carefully about the case and offers  practical, commercial advice to help us get the best outcome” (2016), is “a very considered and technical lawyer; he accommodates innovative thinking and applies the law commercially” (2015),  and is a “a stupendously clever man… who has quickly established an impressive reputation in the Cayman Islands” (2014). The International Who’s Who Legal names Guy as one of the leading Insolvency and Restructuring lawyers in Cayman.

Associations & Clubs:

– Cayman Islands Law Society
– INSOL
– American Bankruptcy Institute

Nigel Porteous

Nigel Porteous is the global head of Maples and Calder’s Trusts & Private Client practice. He advises on all aspects of trusts law including those concerning private trusts, public trusts and trusts used for commercial purposes, in particular unit trusts. His practice encompasses technical and practical advice for private individuals as well as for the world’s leading multinational banks and trust companies. Nigel is regularly consulted by corporate trustees on matters concerning management of trust business, the formulation of precedents and the mitigation of risk; all fields in which he has over 20 years of experience. Nigel’s advice is also frequently sought on the formulation of complex trust structures, solutions for trust structural and validity issues, and the resolution of trust disputes.

Nigel provides tailored training for corporate trustees around the world, in the form of seminars focussed on technical issues and practical trust management. He is also a frequent speaker at international conferences.

Nigel joined Maples and Calder in 2004 and was elected as a partner in 2008. He was previously a partner at Eversheds in London. Prior to that, Nigel practised with the firms of Frere Cholmeley Bischoff and Bischoff & Co. He is recommended in Legal 500 and Who’s Who Legal

Firm Overview:

When choosing a law firm to handle your complex trust issues, you need to find an expert team that advises on Cayman Islands or British Virgin Islands law, with a proven track record acting for some of the world’s largest private businesses and institutional trustees.

At Maples and Calder, we are proud of our collective expertise. Our clients benefit from the combined experience of twelve partners and associates working with trustees and private clients covering all major markets and time zones from our Cayman Islands, British Virgin Islands, London, Dubai, Hong Kong and Singapore offices.

Our unrivalled knowledge of Commercial Trusts adds range and flexibility to our Private Trusts advice and vice versa. Our reputation grows year by year thanks to the scope of our advice in specialist areas such as unit trusts, escrow arrangements, estate planning, trustee incorporation, charities, regulatory regimes, third-party claims and dispute resolution.