Richard Annette

Partner & Head of Litigation

Richard has over 20 years experience in complex international commercial litigation, arbitration and insolvency matters.

Practice Experience

Richard qualified as a solicitor in England and Wales in March 1995 and has over 20 years’ experience of complex international commercial litigation, arbitration and insolvency matters. He was admitted as an Attorney-at-Law in the Cayman Islands in June 2000 and joined Stuarts Walker Hersant Humphries in March 2005. He has consistently been recommended by the Legal 500 in respect of litigation work in the Cayman Islands. Having previously worked for over 5 years at Clifford Chance in London and for over 2 years at White & Case in London, Richard’s experience includes a wide variety of corporate, commercial and insurance disputes.

These include:

  • Advising as to corporate governance issues, directors duties, acting for both investment funds and investors in connection with disputes concerning redemptions, suspensions, gate provisions and with regard to fund documentation generally
  • Acting for creditors in multiple winding-up proceedings; for a Cayman Islands limited partnership in winding-up proceedings for a company subject to heavily contested winding-up proceedings leading to appeals to both the Cayman Islands Court of Appeal and the Privy Council, for a group of shareholders in an action to remove a voluntary liquidator, in proceedings seeking the recognition of an English Receiver in the Cayman Islands, for directors of a BVI company resisting the recognition of a BVI liquidator in the Cayman Islands and in connection with U.S. SEC investigations including conducting negotiations with an SEC appointed receiver
  • Acting in Cayman Islands proceedings concerning the effect of U.S. Chapter 11 Bankruptcy Proceedings on Cayman Islands Winding-up Proceedings
  • Acting in a share valuation dispute under Section 238 of the Companies Law
  • Acting in substantial professional negligence proceedings concerning attorneys’ breach of fiduciary, contractual and tortious duties of care
  • Obtaining evidence for U.S. Proceedings pursuant to the Hague Convention and Letters Rogatory
  • Assisting in the provision of Expert evidence as to Cayman Islands Law before the U.S. Courts
  • Advising on regulatory disputes and investigations undertaken by the SEC and by the Cayman Islands Monetary Authority
  • Acting in a wide variety of commercial disputes including obtaining and seeking the discharge of Mareva (freezing) Injunctions and other ancillary relief, advising as to the cross-border effect of Mareva Injunctions granted by the Cayman Islands Courts, breach of contract actions, asset-tracing matters, complex multi-jurisdictional fraud disputes, breach of fiduciary duty claims, garnishee proceedings and misrepresentation claims
  • Advising and challenging the grant of Norwich Pharmacal and Bankers Trust Relief before the Grand Court in the context of Brazilian Bankruptcy Proceedings and claims over assets in excess of US$500 million
  • Acting for banks in connection with compliance and regulatory matters generally, including reporting to the Cayman Islands Monetary Authority and the Financial Reporting Authority and in drafting anti money laundering policies and procedures. Richard has also advised on disputes relating to banking confidentiality
  • Breach of bank mandate claims, interpleader proceedings and a range of other banking and regulatory matters
  • Advising insurance companies in connection with membership disputes, Lloyd’s underwriters in connection with professional indemnity claims, as well as advising generally on insurance policy terms and conditions
  • Advising insurers in respect of a range of claims before both the Cayman Islands Courts and in Mediation
  • Providing trust advice and advising on amending trust deeds
  • Acting in a multi-jurisdictional Trust dispute and advising on Forum issues
  • Obtaining Cayman Islands recognition for a foreign appointed receiver
  • Acting in defamation proceedings

Recent reported decisions include:-

  • Toby –v- Allianz Global Risks US Insurance Company, FSD 152 of 2013, Judgment 29 August 2018   
  • Arnage Holdings Ltd, Brooklands Holdings Ltd, East Farthing Holdings Limited, Ms. Katia Rabello and Mr. Fernando Toledo –v- Walkers (A Firm), FSD 105 of 2014 Judgment 29 July 2016  
  • Banks –v- Insurance Company of the West Indies (Cayman) Limited and Yee, [2016] (2) CILR 442, Court of Appeal
  • Braga –v- Equity Trust Co. (Cayman) Ltd. [2011] (I) CILR 402
  • Culross Global SPC Ltd –v- Strategic Turnaround Master Partnership Ltd, (the Privy Council) [2010] UKPC 33, [2010] UKPC 33, [2010] ALL ER (D) 296, Privy Council
  • In the Matter of Strategic Turnaround Master Partnership Limited [2008] CILR, 447 Cayman Islands Court of Appeal
  • Angel –v- Aubrecht, [2007] CILR 251, Cayman Islands Court of Appeal; and
  • In the Matter of Cairnwood Global Technology Fund Limited [2007] CILR 193.

Richard has extensive international arbitration experience having been involved in various ICC, LCIA, UNCITRAL and LMAA arbitrations, including appearing before Arbitral Tribunals. He has appeared in both the Grand Court of the Cayman Islands and Court of Appeal in the Cayman Islands as well as acting in proceedings before the Privy Council.

Admissions

  • Solicitor – England and Wales, 1995
  • Attorney – Cayman Islands, 2000

Education

  • University of Bristol, Law Degree (Hons), 1991
  • Law Society Finals Examination, 1993
  • Accredited Mediator, 2006

Professional Associations

  • The Recovery and Insolvency Specialists (Cayman) Association
  • International Association of Restructuring, Insolvency and Bankruptcy Professionals
  • Cayman Islands Law Society

Recent Reviews

The term "Partner" is a title referring to a shareholder of the Stuarts group of companies.