Shaun Maloney

Partner Jersey, Cayman Islands
Shaun Maloney
Stands out as being superb in every aspect. He is a brilliant lawyer, responsive, commercially savvy and great with clients. Legal 500 UK, 2022


Shaun is a partner in Ogier's Cayman Dispute Resolution team and is based in Jersey. He has particular expertise in section 238 shareholder appraisal disputes, contentious trust matters and insolvency. He has appeared as counsel before numerous courts and tribunals internationally and is accustomed to managing complex, high-value litigation.
  • Background & experience

    Shaun's recent cases include:

    • Representing the largest group of dissenting shareholders in section 238 appraisal proceedings arising out of the US$8.7 billion privatisation of China's largest online classifieds marketplace,
    • Advising multiple dissenter groups in respect of the US$937 million take private of China's leading car services provider, eHi Car, including appearing in the leading decision on the availability of interim payments in section 238 proceedings and advising on contested directions orders - see Standard directions in section 238 appraisal proceedings confirmed in the Cayman Islands
    • Acting in the appraisal of the US$362 million privatisation of one of the world's largest manufacturers of solar power products, JA Solar, including appearing for the dissenting shareholders in the touchstone decision of the Chief Justice on pre-trial directions - see Chief Justice of the Cayman Islands confirms and expands upon the 'standard directions' in section 238 proceedings
    • Appearing as trial counsel for all dissenting shareholders in respect of the US$556 million privatisation of leading business-to-consumer e-commerce company E-Commerce China DangDang.
    • Dissenting from the US$480 million merger of leading Chinese online food delivery business, Xiaodu Life Technology, with an entity that was ultimately acquired by Alibaba
    • Representing shareholders who are dissenting from the US$1.4 billion Nasdaq delisting of a leading provider of private healthcare services in China, iKang Healthcare
    • Advising shareholders that are dissenting from the recent US$2.6 billion delisting of leading technology services provider (and parent to  China's second largest social media platform), SINA Corp, from the New York Stock Exchange
    • Acting for the executors of an estate worth over US$75 million in relation to numerous issues arising in its administration, including bringing an application to determine the will's proper construction and advising on the potential liability of the executor personally
    • Advising trustees as to competing claims being asserted against trust assets and allegations of improper distributions being made by beneficiaries
    • Representing the court appointed guardian of an incapacitated settlor and beneficiary in cross-jurisdictional proceedings challenging the trust's validity
    • Implementing the multi-award winning privatisation of Taiwan Cement Corporation through the use of a Cayman Islands scheme of arrangement.
    • Contesting supervision orders appointing official liquidators over solvent investment funds on the basis that such orders would not facilitate a more effective, economic or expeditious liquidation
    • Challenging an order obtained by the Cayman Islands Monetary Authority (acting at the request of an Australian regulator) for the disclosure of information in support of an investigation into market manipulation.
    • Obtaining common law recognition and assistance to liquidators appointed by the High Court of Hong Kong over a Cayman Islands company in circumstances where there were no parallel insolvency proceedings in Cayman
    • Advising the Joint Provisional Liquidators on the restructuring of Ocean Rig - the Cayman Islands' largest ever successful restructuring and one of the largest globally, resulting in an exchange by creditors of approximately US$3.7 billion of debt for new equity

    Shaun has worked in Ogier's Cayman and Jersey offices since joining the firm in 2011. Before joining Ogier, Shaun worked at a specialist commercial litigation firm in New Zealand, where he was admitted as a barrister and solicitor in 2007.

    Shaun is a member of INSOL International and has had articles published in many leading publications. He is also is recognised in both the Citywealth Leaders List and Legal 500.

    Admitted in:

    2016 - Cayman Islands
    2007 – New Zealand (non practising)

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  • Recognition

    Stands out as being superb in every aspect. He is a brilliant lawyer, responsive, commercially savvy and great with clients. Legal 500 UK, 2022
    Team of the Year – Litigation Citywealth IFC Awards 2022
    Rising star Legal 500 Caribbean, 2020
    An exceptional lawyer... his technical knowledge is really first-rate Citywealth Leaders List 2019
    Next generation lawyer Legal 500 Caribbean, 2019
    Very capable Client feedback, 2019
    Shaun Maloney was very good, pretty forthcoming, and an easy guy to talk to. Client feedback, 2018
    He is technically adept, but wears his learning lightly. He was always extremely responsive, client-focused and practical, and easy to get along with. Citywealth Leaders List 2018
    Shaun Maloney was very sensitive to the international and cross border issues. He was very capable in explaining things, working with the court, and with regards to the strategy behind what we were doing. For an associate he was very mature in his assessment of what was happening in the court and what the strengths and weaknesses of our case were. Client feedback, 2018
    I have been impressed with their responsiveness and their willingness to make themselves available, in addition to their feel and flair for the Cayman Islands’ insolvency community. Client feedback, 2018
    Shaun is first-rate. Client feedback, 2018