Andrew joined the firm in July 2019 as Counsel in our dispute resolution and international private client and trusts teams.

Andrew has a broad range of commercial litigation experience and frequently advises in relation to complex multi-jurisdictional disputes. He regularly acts for trustees, settlors, protectors, enforcers and beneficiaries in relation to trust disputes (both contentious and non-contentious). His practice also includes advising in relation to shareholder disputes, fund disputes and for dissenting shareholders in proceedings for the determination of the fair value of their shares. He also advises on regulatory matters.

Andrew was admitted as a solicitor of the Supreme Court of New South Wales in 2001, the High Court of Australia in 2003 and as an attorney of the Cayman Islands in 2017. He has worked offshore since 2010, first in Guernsey, where he was heavily involved in one of the largest trust disputes in the Channel Islands, before moving to the Cayman Islands in late 2016.

Andrew is a member of the Cayman Islands Legal Practitioners Association, the Society of Trust and Estate Practitioners (STEP) and the STEP Council for the Cayman Islands' branch.

My services
Contentious Trusts
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We represent trust corporations, individual trustees and beneficiaries, often dealing with novel points of law and creating new and innovative solutions to fit the needs of our clients. Given the international scope of settlors, investments and assets, we often co-ordinate advice from our multi-jurisdictional teams, meaning that our clients benefit from the knowledge and depth of experience of our people across the globe.

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Trustee Duties
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The duties of a trustee plays in managing the trust assets and dealing with beneficiaries not only vary from jurisdiction to jurisdiction, but are dictated by trust agreement and its nuances, the type of trust and its specific purpose. Advising on trustee duties is a rapidly growing area given the increasingly complex legal and regulatory framework to which trustees must adhere. Importantly, trustees are becoming increasingly aware of the advantages of acting early and seeking advice on their duties – particularly in situations of potential conflict or stress. Trustees are also making more use of the courts in asking for directions or in having "momentous decisions" blessed.

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Director & Shareholder Disputes
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Thanks to the depth of our experience and the resources of our team, we've acted on some of the largest pieces of litigation brought against directors offshore. We're well placed to deal with the 'bet the farm' proceedings that can occur in these type of disputes and have represented parties involved in intra-company disputes, including executive, non-executive and independent directors, majority and minority shareholders, companies and liquidators. We understand that shareholder disputes are often not simply 'black and white' and our team finds innovative and commercial alternatives to those which the Court may offer – taking a collaborative approach with our clients to ensure that the right result is achieved.

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Changes of Trustee/DORAs
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Changes of trustee documents (DORA or IORAs) usually contain indemnities from the incoming trustee to the outgoing trustee which are often hotly negotiated and can be complex. A change of trustee also presents a good opportunity for the incoming trustee to undertake a due diligence exercise by reviewing the trust documents, ensuring that the previous chain of trusteeship is intact and ensuring that the outgoing trustee ratifies or rectifies any flaws in the trust or the trust documents before the trusteeship is handed over. We have considerable experience in narrowing the issues in these negotiations. We are also well versed in assisting our trustee clients in mitigating risk by spotting (sometimes very significant flaws) in trusts before they are taken on and by ratifying previous discrepancies in a commercial manner – commonly without necessitating the involvement of the court.

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My news & deals
Insight 29 Nov 2019

A timely reminder

INTRODUCTION The judgment in ZHANG HONG LI AND ANOTHER V DBS (HONG KONG) LTD AND OTHERS [2018] HKCA 435 (the DBS case) provides a timely reminder to professional trustees...

News 22 Nov 2019

New appointments in Cayman office

Collas Crill has made two new appointments in its growing Cayman office. Andrew Peedom has joined as Counsel in the Dispute Resolution and International Private Client and...