Kai McGriele
Kai’s practice involves working with insolvency practitioners, lenders, investors and service providers with a particular focus on insolvency and restructuring of Cayman Islands based hedge funds and other investment vehicles. His practice also spans general commercial litigation acting for a variety of corporate clients and he has a wide experience of cross-border and multi-jurisdictional litigation (including work with a regulatory and judicial review dimension) and often works closely with foreign attorneys. Kai has also obtained extensive contentious trust experience representing both institutional trustees and beneficiaries, both onshore and offshore.
As well as litigation up to Appeal Court level, he has used alternative dispute resolution methods to successfully conclude disputes. Kai’s extensive experience in meeting commercial clients' needs and concerns allows him to adopt an imaginative and pro-active approach to restructuring and dispute resolution.
- Attorney at law - Cayman Islands
- Advocate* - Jersey
- Solicitor* - England & Wales
- Member of STEP (Society of Trust & Estate Practitioners) Cayman Council
- INSOL International, Insolvency Lawyers Association
- Member of RISA (Recovery and Insolvency Specialists Association) Legal Regulatory Committee
- Member of International Committee of National Association of Federal Equity Receivers (NAFER)
*non-practising
- Co-author of 'The Dispute Resolution Review 10th and 11th edition', published by The Law Reviews in 2018 and 2019
The Judicial Committee of the Privy Council (“Privy Council”) in London, which is the highest appeal court for many Caribbean jurisdictions, decided three appeals in 2019 that are of keen interest to the insolvency community.
The English High Court ("Court") has found that an arbitrator could consider a letter containing an offer of settlement but not expressly marked "Without prejudice" on the subject of costs.
The Privy Council has published its decision in an appeal as to whether redemption payments made by an insolvent company ("Weavering") were preferences over other creditors of the company. Bedell Cristin acted in the case.
The Judicial Committee of the Privy Council (the ‘Privy Council’) delivered its decision in the latest round of Madoff litigation on 20 May 2019. It is the highest court of appeal for the British Virgin Islands (‘BVI’) and it found that BVI insolvency legis...
Two indictments filed in the Southern District of New York Court have resulted in the arrests of the both the founder of Abraaj Investment Management, Arif Naqvi, and the former Managing Partner of the Abraaj Group, Mustapha Abdel-Wadood.
The Cayman Islands Grand Court has given important guidance on when a Limited Partner of a Cayman registered Exempted Limited Partnership ('ELP') can insist that a General Partner (‘GP’) provides them with “true and full information” on the financial state ...
The Cayman Islands (‘Cayman’) Grand Court (‘Court’) recently blessed the Final Distribution Proposal (‘Proposal’) of a trustee (‘Trustee’) of a family trust (‘Trust’) which benefited two sisters and their brother. The Court was in no doubt that the Trustee ...
A decision from the Ontario Superior Court (‘OSC’) provides a useful summary of the common law ‘red flags’ which help creditors and insolvency practitioners identify when a bankrupt’s assets are held in a sham trust. Of interest was the expert evidence show...
Is it time to check if your sole recourse and exclusive jurisdiction clauses cover non-parties?
Kai McGriele and Richard Parry have co-authored the Cayman Islands chapter of The Dispute Resolution Reivew 11th Edition. Reproduced with permission from Law Business Research Ltd. This article was first published in March 2019.
