Funds Disputes

When funds disputes arise, they are often complex and high value, and require advisers who understand the (often highly technical and nuanced) legislation in their jurisdictions inside out.

In the relatively volatile financial markets since 2008 there has been an increase in investors wishing to extract their investments from funds which are underperforming.

We have advised on disputes relating to failures by funds to operate their redemption mechanisms in accordance with agreed terms, as well as breach of contract claims, valuations disputes, minority shareholder issues and matters relating to insolvency.

Read about some our most recent notable cases including the Cayman Islands Court of Appeal's decision to overturn an antisuit injunction in Argyle Funds SPC Inc. (In Official Liquidation) v BDO Cayman Ltd; the largest civil case in Guernsey's history Carlyle Capital Corporation Limited (in liquidation) and others v William Elias Conway Jr and others; and the landmark judgment of the Cayman Islands Grand Court in the case of Primeo Fund (in Official Liquidation) v Bank of Bermuda (Cayman) Ltd and HSBC Securities Services (Luxembourg) S.A here.

Services

Our services include:

  • Advising on valuation disputes, including expert determination where appropriate
  • Advising investors/creditors seeking to enforce security against an insolvent fund
  • Advising investors, creditors, funds, boards of directors (including both executive and non-executive directors), investment managers, investment advisors, custodians of fund assets and advisors on a full range of claims that can be advanced by them against others associated with a fund and on defences that might be available where a person or entity associated with a fund is under attack.
  • Minority shareholder, derivative and unfair prejudice claims that might be available against a fund and those associated with it.
  • Advising funds and their directors or General Partner and Limited Partners in relation to regulatory issues that can be raised against them.
  • Advising on the scope and applicability of exculpations and indemnities in fund and management documents, as well as advancement provisions.

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