Shaun Folpp

Shaun Folpp

'Shaun has detailed knowledge, vast experience, determination to prevail and a commercial approach'

Overview

Overview

I lead our Litigation and Restructuring & Insolvency practices in Asia.

Prior to relocating to Hong Kong in 2015, I spent almost a decade practising in the Cayman Islands and in the British Virgin Islands. Before this I worked in both Brisbane and London.

I have extensive experience acting both for and against insolvency practitioners in all forms of external administrations, as well as acting for parties involved in general commercial, financial services and trust disputes, and have been involved in many of the largest offshore disputes to come before the courts of the BVI and Cayman Islands in recent history.

I also have considerable experience advising on corporate governance matters, including in relation to the duties owed by directors and general partners, in addition advising more generally on the proper operation of investment funds and other offshore structures.

I am included in all of the major legal directories, including Legal 500, Chambers, Who's Who Legal and IFLR.

Professional qualifications

  • Previously admitted in the Cayman Islands (2008)
  • Admitted in the British Virgin Islands (2012)
  • Admitted in England and Wales (currently non-practising)
  • Admitted in New South Wales and Queensland, Australia, 2003 (currently non-practising)

Memberships

  • The American Bankruptcy Institute
  • INSOL International
  • Recovery and Insolvency Specialists Association ('RISA') in the Cayman Islands and BVI

Recent Work Highlights

  • Acting in the restructurings of various companies listed on the SEHK, recently including China Fishery Group, Natural Dairy, Changgang Dunxin, CECEP Costin and Grand TG Gold.
  • Acting for HK appointed provisional liquidators on an application for recognition and for their own appointment as liquidators in the Cayman Islands (being the first ever application of its kind).
  • Large shareholder disputes, recently including Yingde Gases (Asia's largest gas services company) and Yinmore Group (one of China's largest sugar producers).
  • Disputes following the merger and take private transactions in relation to a number of Chinese businesses listed in New York.
  • Acting for the liquidators of Weavering Macro Fixed Income Fund, including in relation to the landmark proceedings brought against the company’s former directors for breach of duty and also in proceedings brought against investors for the claw-back and recovery of redemption proceeds, including before the Privy Council.
  • Acting for various parties involved in the multi-billion dollar dispute concerning the XiO Group.
  • Providing expert evidence on matters of BVI and Cayman Islands law, most recently in proceedings before the courts of Singapore and China, and in arbitration proceedings in Hong Kong.

What the directories say

'Shaun Folpp heads the litigation and restructuring and insolvency practice in Asia. He possesses significant experience in insolvency matters as well as general commercial litigation,' Chambers Global, 2019.

Shaun is ranked as "Highly Regarded" and as a "Leading Lawyer" in Banking, Capital Markets, Corporate and M&A, Restructuring and Insolvency, IFLR1000, 2015, 2016, 2017 and 2018.

Shaun is credited for his 'detailed knowledge, vast experience, determination to prevail and a commercial approach' and is also listed as a Ranked Lawyer, Chambers Asia-Pacific, 2017.

'Shaun Folpp heads Mourant Ozannes' litigation group and earns widespread plaudits from clients, who say: 'He's strong technically, and very good on his feet in court'. One interviewee added: 'He's also able to break down complex legal issues into simple language',' Chambers Global, 2015.

"Peers note that 'his attention to detail is immaculate, and his handling of clients is even better, as is his knowledge of the law and tactics'", Chambers Global, 2014