Kai McGriele

Partner

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. 

Professional
  • 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

Industry focus
  • Co-author of 'The Dispute Resolution Review 10th and 11th edition', published by The Law Reviews in 2018 and 2019
News/Experience
The cost consequences of not expressly marking correspondence "Without prejudice"
Litigation 14 Oct 2019 Cayman Islands

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.

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Weavering: Privy Council decides that redemption payments in complex Cayman Islands case were preferences
29 Jul 2019 Cayman Islands

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.

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Fairfield Sentry: Privy Council confirms that New York Courts can apply BVI Insolvency law to void preference payments

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...

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New twist in Abraaj Group case will affect Cayman Liquidation

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.

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Must your General Partner always give you “True and Full information”?
Litigation 19 Mar 2019 Cayman Islands

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 ...

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Is it irrational when a trustee won't wait for a Cheshire cat?
19 Feb 2019 Cayman Islands

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 ...

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“If it looks like Calibri…”: helping creditors access a sham trust through fonts
Insolvency & Restructuring 13 Feb 2019 Cayman Islands Jersey Guernsey

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...

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Is it time to check if your sole recourse and exclusive jurisdiction clauses cover non-parties?
Litigation 19 Oct 2018 Cayman Islands

Is it time to check if your sole recourse and exclusive jurisdiction clauses cover non-parties?

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Insights
The Dispute Resolution Review 11th Edition
Articles | 04 Apr 2019

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.

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