Kate McClymont

Associate Partner | Litigation

Kate McClymont’s practice focuses on complex corporate and commercial litigation. She represents a variety of individual and corporate clients and has developed particular expertise in commercial disputes, trust disputes, individual and corporate insolvency matters and negligence claims. Kate regularly appears before all levels of court in the Cayman Islands from administrative tribunals to the Court of Appeal.

Kate joined Broadhurst LLC in 2009 prior to which she was a member of the litigation and insolvency team at a leading full service law firm in New Zealand.

REPRESENTATIVE WORK

  • Acted as counsel for the claimants in the leading case in the Cayman Islands on compulsory purchase and compensation.
    • A. Bodden, Thompson And Wright (As Personal Representatives Of The Estate Of H. Bodden) v. National Roads Authority [2013 (1) CILR 388], appearing before the Court of Appeal, acted as lead counsel for the claimants in an appeal of a ruling by the Roads Assessment Committee concerning compensation related to the compulsorily acquisition of the claimants’ land by the National Roads Authority.
    • National Roads Authority v. A. Bodden, Thompson And Wright (As Personal Representatives Of The Estate Of H. Bodden) [2014 (2) CILR 47], appearing before the Grand Court, Civil Division, acted as lead counsel for the respondents concerning a claim for compensation arising from the compulsory acquisition of the respondents’ land by the National Roads Authority.
  • Acted as counsel for the petitioner in the leading case in the Cayman Islands on constructive trusts.
    • Rodriquez v. Ebanks and R.L. Ebanks (intervening) [2014 (2) CILR 264], appearing before Grand Court, Family Division, acted as lead counsel for the petitioner in a petition for a divorce claiming an equitable interest over significant martial assets.
    • Rodriquez v. E.E. Ebanks and R.L. Ebanks [2014 (2) CILR 360], appearing before Grand Court, Family Division, acted as lead counsel for the petitioner in a petition for a divorce claiming a constructive trust over significant marital assets.
  • Acted as counsel to a large-scale construction contractor in Grand Court and arbitral proceedings arising from the largest government construction project in the history of the Cayman Islands.
  • Acted as counsel to numerous creditors of Caledonian Bank Limited (in Official Liquidation) and Caledonian Securities Limited (in Official Liquidation) for recovery of assets.
  • Acted as counsel to investors to obtain winding up orders against a $100 million Cayman Islands Fund and subsequently acted for the joint official liquidators of the Fund.
  • Acted as counsel to the Agents of the Trustee in Bankruptcy with respect to a multi-million dollar personal insolvency, in particular, resisting enforcement of a $123 million foreign tax judgment.
  • Acted as lead counsel to numerous Category “A” banks in the Cayman Islands banks in respect to asset protection, asset recovery and security issues.
Education, Professional Achievements and Community Activities

Kate graduated from Victoria University of Wellington with a Bachelor of Laws and a Bachelor of Arts. She was called as a Barrister and Solicitor of the High Court of New Zealand in 2005 and admitted as an Attorney-at-Law in the Cayman Islands in 2009. She is a member of the Cayman Islands Law Society, the Cayman Islands Family Law Bar Association and the New Zealand Law Society (non-practicing).