Peter Hayden

'Robust yet calm under pressure – the kind of tough but pragmatic litigator you want on your side'

— Legal 500 Caribbean, 2017

Peter Hayden

Partner

Overview

Over the last 13 years I have acted in many of the largest and most complex cases to be litigated in the Cayman Islands.  I act for the Algosaibi family in their on-going claims against Maan Al Sanea and his companies, successfully obtaining a US$2.5 billion judgment against Mr Al Sanea and settling certain claims. I also act for the liquidators of the Madoff impacted Primeo fund, in successful resolving litigation against the Trustee in New York and the Cayman Islands, the investment manager, the Herald feeder fund – where the Privy Council has found in favour of Primeo on both the creditor and shareholder distribution issues - and in the on-going litigation against the administrator and custodian.

I have acted in a number of precedent setting fund liquidations (including Lancelot, Belmont and Heriot), large fraud cases (including Madoff, Dynamic Decisions, Fletcher and Alpha Re) and high profile restructurings (including Arcapita, CEVA, Eircom, Ocean Rig and Tailored Brands). I am regularly instructed to make urgent applications to obtain interim relief and/or to appoint provisional liquidators/receivers. 

Prior to joining Mourant Ozannes, I worked in London as a Partner at Matthew Arnold & Baldwin (now Dentons) and before that at Allen & Overy.

I have extensive experience of financial services litigation and insolvency matters, and have also worked in-house at UBS and Barclays.

Professional qualifications

  • Attorney, Cayman Islands, 2008
  • Granted English Higher Rights of Audience, 2002
  • Solicitor, England, 1996 (currently non-practising)

Memberships

  • The Insolvency Lawyers' Association
  • Recovery and Insolvency Specialists Association (Cayman) / INSOL
  • The Commercial Fraud Lawyers' Association

Work highlights

  • Primeo - Acting for the liquidators in the winding-up of the fund, which lost US$750 million in the Madoff fraud. Successfully resolving litigation with the Madoff Trustee and obtaining a favourable settlement in litigation with the investment manager. Continuing to pursue litigation against the custodian and administrator, with issues due to be heard at two separate hearings in the Privy Council in 2021.  
  • Herald – Acting for the largest stakeholder in litigation with the liquidators, defeating a mistake claim brought by the liquidators which would have reduced the value of our client's interest, and winning in the Privy Council on two separate occasions to establish creditor claims worth around US$200 million and defeat an attempt to restate the shareholdings in the fund.
  • Algosaibi v Saad litigation – Leading the team at Mourant Ozannes acting for the Algosaibis pursuing fraud claims against Maan Al-Sanea and the Saad group. Successfully obtaining a US$2.5 billion judgement against Mr Al-Sanea and settling certain claims. 
  • Tailored Brands - Acting for the group in relation to the Cayman aspects of its 2020 Chapter 11 restructuring, including obtaining a stay by appointing provisional liquidators and having the restructuring plan recognised by the Cayman court.

What the directories say

Chambers and Partners Global 2021 states that commentators describe Peter as a "good litigator" who is "very strategic" and "extremely commercial."

"He is a good advocate, very solid and knows what he is doing.", Chambers and Partners, 2020.

"Peter Hayden is a tactically-sound senior litigator who is always a pleasure to work with", Legal 500, 2020.

"Peter Hayden is a very experienced and knowledgable litigator who is always good to have on your side", Legal 500, 2020.

Peter is a "very tough and experienced litigator", Legal 500 Caribbean, 2019.

Sources describe Peter as "someone to bring calm and reasoned analysis to litigation. He knows how to deal with a case tactically" and "incredibly responsive and hard-working", Chambers Global, 2019.

Peter is "a top class lawyer who is one of the best litigators in Cayman", Chambers Global, 2018.

'Sources describe Peter Hayden as "incredibly responsive and hard-working." He is involved in very high-value fraud cases as well as shareholder disputes and liquidation proceedings. Commentators highlight that his presence in the firm has won it some very high-quality work.' Chambers Global, 2018.

Peter is "robust yet calm under pressure – the kind of tough but pragmatic litigator you want on your side when difficulties arise", Chambers Global, 2017.

Peter is an "excellent litigator", Legal 500 Caribbean, 2016.

Peter is "a hardened litigator, who understands the manoeuvring that is necessary in large-scale litigation whilst being aware of practical and judicial sensitivities" and is listed as Recommended by Legal 500 Caribbean, 2015.

'Peter Hayden has earned a solid reputation as a  "tough litigator" in the market. He is sought after for his wealth of experience in the financial services and insolvency sphere,' Chambers Global, 2015.

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