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Martin Kenney & Co. Solicitors

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Martin Kenney & Co. is a specialist investigative and asset recovery legal practice based in the BVI, focused on multi-jurisdictional fraud and corruption cases.
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Firm profile for Litigation Support 2021

Litigation Support

About

This content is provided by Martin Kenney & Co. Solicitors.

Firm Details

Managing Partner: Martin Kenney

Head of Litigation: Andrew Gilliland

Number of partners: 1

Number of other fee-earners: 9

Languages: English, Dutch, German, Spanish, Portuguese

Firm Overview

Martin Kenney & Co. (MKS) is a world-leading investigative and asset recovery legal practice based in the BVI, focused on multi-jurisdictional fraud and complex insolvency cases. Martin Kenney has been rated as the world's no.1 asset recovery lawyer offshore by Who's Who Legal, is a co-founder of ICC FraudNet and is a recipient of the coveted Cressey Award for lifetime achievement from the Association of Certified Fraud Examiners (ACFE).

Main Areas of Practice

  • Asset Recovery
  • Complex Commercial Litigation & Arbitration
  • International Insolvency
  • Interim Disclosure & Freezing Orders
  • International, Regional & Caribbean Investigations
  • High Value Divorce Proceedings

Clients

General Motors, Gazprombank, Nissan Motor Co., the Government of the BVI, Stanford International Bank (in liquidation) & others.

International Work

Traditional Asset Recovery: Most complex fraud cases are now transnational in nature, with fraudsters seeking to launder the proceeds of their deception through numerous bank accounts held by different corporate vehicles, linked in turn to bogus transactions and the purchase of assets. In response, MKS's team of lawyers and investigators is able to mount asset recovery campaigns worldwide to “follow the money”, returning wealth to its rightful owners. Where necessary, the firm is assisted by its international sister network of asset recovery lawyers, ICC FraudNet, giving it a truly global reach.


Non-Traditional Value Recovery‎: When tracing strands of misappropriated value, MKS seeks to identify "enablers of fraud" such as banks, law and accounting firms‎, and company administrators. The firm then seeks to measure their degree of possible legal responsibility for a client's loss by fraud. MKS regularly pursues actions for damages against deep-pocketed facilitators of fraud, as an alternative strategy to achieve recovery on the basis of ancillary theories of liability such as negligence, dishonest assistance, knowing receipt and civil conspiracy.


Complex Commercial Litigation & Arbitration: MKS is experienced in bringing complex proceedings before the BVI Commercial Court, as well as other courts in the Eastern Caribbean, and before Arbitral Tribunals.


International Insolvency: Many jurisdictions have insolvency legislation which assists the effective investigation of the affairs of those who previously ran insolvent companies. The recovery of assets improperly removed from those companies in the run-up to insolvency is also often possible. MKS has a particular expertise in such situations, in part deriving from our representation of the liquidators of Stanford International Bank for many years.


Interim Disclosure & Freezing Orders: A key component of the practice’s work is the use of interim disclosure and freezing orders as part of substantive litigation it may run, or ancillary to substantive litigation elsewhere. The BVI and the wider Eastern Caribbean, in common with most English-based jurisdictions, has a wide variety of interim remedies available for effective asset recovery. It is very often both cost effective and vital to obtain such orders – if necessary, including sealing and gagging components – as part of the buildup to substantive litigation.


International, Regional and Caribbean Investigations: The firm’s Investigation Unit (IU) boasts two investigative wings, one based in the BVI and another in the UK. The unit specialises in the taking of complex witness statements and affidavits, a process that includes the recording, management and presentation of any associated exhibits. It specialises in the production of complex reports that form the foundation of prospective litigation processes, for the use of asset recovery lawyers across the globe. The team has extensive experience of utilising various surveillance techniques to supplement the evidence gathering process. The IU is also well connected throughout the Caribbean region.


High-Value Divorce Proceedings: On numerous occasions MKS has obtained interim orders in aid of divorce proceedings onshore, normally focused upon attributing beneficial ownership of an offshore vehicle into which an asset of significant value has been vested. Similarly, it has also obtained orders which have assisted in proving that the settlor of a trust vehicle has not in fact relinquished control of that vehicle, and therefore the assets vested in the trust are available to be distributed within the matrimonial estate.

Contacts

Arbitration, Asset Recovery, Commercial Litigation, Insolvency, Professional Negligence: Martin Kenney (Managing Partner), Andrew Gilliland (Head of Litigation), Malcolm Arthurs, Hakim Creque, Jamie James, Andrew Blackburn, Shaun Reardon-John, Markus Stadler, Marcelo Ruiz Rodrigues Dos Santos.


Investigations: Craig Allam (Managing Director), Tony McClements, Niels Herbold.

Offices

Martin Kenney & Co., Solicitors

3rd Floor, Flemming House

Road Town

Tortola VG 1110

British Virgin Islands

t: +1 (284) 394 / 494 2444

e: [email protected]

w: martinkenney.com

Litigation Support

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Asset Tracing & Recovery (Law Firms)
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Ranked Individuals

Chambers Research is conducted by 200 Research Analysts, across 200 jurisdictions and provides nearly 6,000 rankings tables. Annually we collect hundreds of thousands of responses from clients, the majority via in-depth interview. Learn more about our methodology.

Global-wide

Asset Tracing & Recovery (Law Firms)


Martin S Kenney
Band 3
Other Individuals

Andrew Gilliland
Shaun Reardon-John

Top Ranked Individuals

Band 3
Martin S KenneyAsset Tracing & Recovery (Law Firms)

Ranked Offices

Chambers Research is conducted by 200 Research Analysts, across 200 jurisdictions and provides nearly 6,000 rankings tables. Annually we collect hundreds of thousands of responses from clients, the majority via in-depth interview. Learn more about our methodology.

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Head Office

firm
Head Office

Third Floor, Flemming House, P.O. Box 4740

Tortola

Tortola

British Virgin Islands

VG 1110

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