Kyle Broadhurst

Bankruptcy/Insolvency:

• Broadhurst advises two of the independent directors of the general partner of one of the Abraaj funds, Neoma Private Equity Fund IV LP (formerly known as Abraaj Private Equity Fund IV LP) concerning complex issues arising out of the collapse of the single largest Middle Eastern private equity group, said at one time to have had US$ 12 Billion of assets under management. Various individuals in the Abraaj Group have been indicted by the US department of Justice and subjected to a complaint by the Securities and Exchange Commission. Dubai’s regulator has fined central companies in the group a record US$ 315 million for the wrongdoing that it identified.
• In the Matter of Wimbledon Financing Master Fund, Broadhurst acted initially for investors who petitioned for winding up of this US$ 100 Million dollar fund which was the victim of fraud. Broadhurst was subsequently instructed by the liquidators of the fund who as a result of proceedings in the Cayman Islands and abroad have obtained judgment and criminal convictions against the parties responsible. The liquidation has thus far given rise to two reported decisions in the Cayman Islands: In re The Wimbledon Fund SPC [2019] CILR Note 1, In re The Wimbledon Fund SPC [2017] CILR Note 10.
• In the Matter of William H. Millard, Broadhurst acted with respect to a US$123 Million dollar foreign tax judgment. Broadhurst acted on behalf of the alleged debtor and subsequently his trustee in bankruptcy. Broadhurst filed the first known debtor’s bankruptcy petition in the Cayman Islands which resulted in a stay being obtained through Chapter 15 recognition in the United States. The proceedings gave rise to three reported decisions in the Cayman Islands: Northern Mariana Is v. Millard [2014] 1 CILR 342, In re Millard [2013] 2 CILR 342, In re Millard [2013] 2 CILR 83.

Commercial Litigation:

• Masti v. Consolidated Contractors, Broadhurst acted for the Consolidated Contractors with respect to proceedings in the Cayman Islands concerning this well-known dispute. Broadhurst acted for Consolidated in its successful application setting aside an order granting leave to serve enforcement proceedings relating to a US $65 Million dollar judgment outside the jurisdiction. Broadhurst subsequently again acted in a related proceeding in which Consolidated Contractors successfully set aside an order granting recognition of foreign receivership. Both proceedings resulted in reported decisions: Masri v. Consolidated Contractors [2011] 1 CILR 79, Masri v. Consolidated Contractors & Anor [2010] 1 CILR 265.
• IFS Ltd v. Britcay House Ltd, Broadhurst acted for the defendant in a commercial dispute concerning various points of law including Marvea injunctions and points of civil procedure which resulted in multiple reported decisions: [2006] CILR Note 29, [2006] Note 29, [2006] Note 28, [2004-5] CILR Note 48. 
• Banks v Parsons, Broadhurst acted for the Plaintiff in successfully seeking to have insurer joined as defendant to Plaintiff’s claim for damages. The decision was reported: [2020] (1) CILR 560

Construction/Property law: 

• Kyle regularly acts on behalf of vendors, purchasers and lenders in connection with non-contentious real estate transactions, construction contracts and the placement of security. He is also regularly instructed to represent strata corporations and members of strata corporations.  Kyle is also experience in addressing contentious matters examples of which follow below.

• Levas v. Shropshire (unreported, 2018), Broadhurst acted for successful Plaintiff relating to disputes concerning rights of pre-emption and the right of the Plaintiff right to convey his interest in property. 

• Tom Jones International v. Attorney General of the Cayman Islands [2010] 2 CILR Note 3, Broadhurst acted for Represented contractor in court and arbitration proceedings concerning the then largest Government construction project in the Cayman Islands.  

• IFS Ltd v. Britcay House Ltd [2006] CILR Note 29, [2006] Note 28, [2004-5] CILR Note 40, Broadhurst acted for defendant with respect to commercial dispute concerning termination of lease.

• Smith v. Smith [2004-5] CILR 225 (CA), [2004-5] CILR Note 1, [2003] CILR 146, Broadhurst acted for the successful plaintiff (and respondent to appeal) with respect to claim concerning the ownership of family land requiring successful analysis and argument with respect to the transmission of land in the Cayman Islands. 

• Banks v. Arch [2004-5] CILR 441 & Note 40, Broadhurst acted on behalf of successful defendant in commercial tenancy dispute concerning issues arising from determination of the lease and distress of goods.  

• Micro Industries Inc v. Condoco Grand Cayman Resorts Ltd. [2002] CILR 289,  [2003] CILR, Broadhurst represented the purchaser concerning a dispute with respect to the size of a multimillion dollar condominium unit at the Ritz Carlton in the Cayman Islands.

Public Law:

• Governor v. Information Commissioner, Broadhurst represented the Information Commissioner of the Cayman Islands in connection with the release of documents relating to the well-publicized Operation Tempura. The matter resulted in two legal proceedings the decisions in both were reported: Governor v. Information Commissioner [2015] 1 CILR 258, Governor v. Information Commissioner [2013] 2 CILR 421.
• In the Matter of an Application for Leave to Seek Judicial Review [2019] (1) CILR 690, Broadhurst acted in this case successfully obtaining a sealing order. Due to the issues of law arising the case was reported anonymously.

Trust, Probate & Estates:

He is regularly involved in both contentious and non-contentious matters. Examples of work undertaken follow below:

• He coordinated the recovery of multi-million dollars in assets for an intestate’s estate in circumstances where the information of the assets of the deceased was extremely limited and the assets were spread across multiple jurisdictions. 

• Obtained guardianship orders on behalf of disabled individuals families.

• Acted on behalf of respondent to guardianship proceeding concerning issues relating to the ownership of joint assets: In re Goldemberg [2007] CILR Note 8, [2008] CILR 36.

• Regularly instructed to prepare wills and to provide advice to executors, administrators and trustees.