Jennifer Fox

Jennifer is the head of the dispute resolution team in the Cayman Islands office. She is recognised in all the leading directories and has been practising in the Cayman Islands since 2009 (and in the BVI since 2008) and has substantial experience of all contentious issues coming before the Cayman Islands courts. Her practice spans all aspects of complex commercial litigation, fraud and asset tracing including crypto disputes, contentious insolvency and restructuring, and contentious private client work.

Background and experience

Jennifer regularly appears in the Financial Services Division of the Grand Court.  She acts for all participants in the Cayman Islands financial services market including insolvency and other office holders; investment managers and directors of Cayman vehicles; creditors, shareholders and limited partners; and all other parties to large scale commercial; fraud, and insolvency litigation.

Jennifer's fraud and asset tracing work is extensive, and she speaks regularly at industry conferences and events and is recognised as a Global Elite Thought Leader in asset recovery by WWL.  Of late she has been acting in several substantial fraud claims involving private equity funds established as exempted limited partnerships, which have resulted in numerous important judgments for the jurisdiction, and in respect of disputes concerning crypto and fintech assets.  She also has considerable experience obtaining all forms of interim relief including freezing orders, Norwich Pharmacal orders and the appointment of equitable receivers.

Jennifer is part of Ogier's multi-disciplinary Restructuring and Insolvency Recovery team.  She is experienced in corporate restructuring, distressed investment funds, and formal insolvency procedures.  She has acted for the Brazilian Constellation Group on the Cayman Islands aspects of a wider cross border multi-jurisdictional restructuring involving a judicially supervised restructuring in Brazil, a Scheme of Arrangement in the BVI and Chapter 15 proceedings in New York.in respect of the Cayman Islands aspects of its US$1.3b in private debtor in possession financing of LATAM Airlines to support its Chapter 11 process.

Jennifer is also recognised as a private client expert and regularly advises and acts for beneficiaries, trustees and protectors in respect of all issues concerning Cayman Islands trusts and estates.

She has a First Class Bachelor of Laws (with Honours) from Keele University and obtained a postgraduate diploma in law at the Inns of Court School of Law in London and was both a Major and Pegasus Scholar of the Inner Temple.

Recent examples of Jennifer's work include:

• acting for the liquidators of Three Arrows Capital Ltd

• acting for a foreign appointed trustee in bankruptcy in contentious multi-jurisdictional insolvency proceedings involving Cayman Islands investment funds

• acting for the OL Group in contentious insolvency proceedings concerning a Cayman Islands investment fund

• acting in 7 sets of related proceedings before the Registrar of the Cayman Islands Intellectual Property Office

• acting for the liquidators of Argyle Funds SPC Inc (in official liquidation), including in respect of their negligence and breach of duty claim against its former auditors

• acting for a trustee appointed by the court pursuant to Section 10 of the Trust Act in complex circumstances engaging public policy issues

• acting for the heirs of an estate in a successful application to remove a personal representative

• acting for protectors of a trust in respect of a blessing application involving a complex restructuring of a trust structure valued at US$ 2 billion

• providing expert evidence for use in foreign proceedings, including in respect of fraud claims and complex issues concerning Cayman Islands Exempted Limited Partnerships

Admitted in:
2009 - Cayman Islands
2008 - British Virgin Islands
2004 - England and Wales (non-practising)

Memberships:

• Society of Trust and Estates Practitioners

• Overseas Member of the Chancery Bar Association

• Cayman Islands Legal Practitioners' Association

• Honorable Society of the Inner Temple

• American Bankruptcy Institute

• Restructuring and Insolvency Specialists Association (a committee member)

• INSOL International

• IWIRC (Vice Chair of the Cayman Islands Network and Caribbean Director on the International Board)