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Legal market overview
The Cayman Islands legal market continues to see new entrants. In 2012, Huw Moses OBE, formerly managing partner of Appleby’s Cayman office, and Derek Jones, formerly regional managing partner of Higgs & Johnson, launched HSM Chambers.
Other significant news included Thorp Alberga remoulding as Travers Thorp Alberga after former Maples and Calder chief Anthony Travers joined the firm as senior partner. The practice also recruited Nicole Pineda, previously responsible for the management of Walkers’ Latin American finance practice.
Carey Olsen, which launched in Cayman in 2012, furthered its expansion by welcoming Michael Makridakis from Ogier as a new partner and head of litigation in its Cayman office. Appleby hired Ian Gobin from Walkers’ Jersey office, and senior associate Jonathan Bernstein joined the firm from Ogier; Richard Addlestone, Sherice Arman and Sabrina Leacock meanwhile left for Solomon Harris, Maples and Calder and Paget-Brown & Company respectively.
Ogier also saw departures, with Andrew Morehouse and counsel Colin Berryman both joining Harney Westwood & Riegels as partners in 2013. At Walkers, recent developments include Melissa Lim joining from Maples and Calder in 2012 as senior counsel and being promoted to partner in July 2013; and Rod Palmer and Diarmad Murray leaving the firm.
Search News and Articles
The revised law applicable to Exempted Limited Partnerships (" ELPs "), the Exempted Limited Partnership Law (2014 Revision) (the " Law "), came into force on 2 July 2014.
The Cayman Islands Monetary Authority (the "Authority") has recently issued a new Statement of Guidance for Regulated Mutual Funds, in which it sets out the Authority's expectations regarding the corporate governance regime of regulated mutual funds. We set out details of the Authority's guidance and expectations. Read more...
On 18 February 2013, the Cayman Islands Court of Appeal released its judgment in Re FIA Leveraged Fund. The judgment will be of significant interest to directors and managers of investment funds, as it provides helpful clarification as to what steps they will need to take to ensure that in specie distributions are effective and what their duties are when valuing assets to be used in these distributions. Read more ...
AB Jnr & Another v MB & Others was a significant decision of the Financial Services Division of the Grand Court of the Cayman Islands, relating to a Trust Deed, dated 21 November 1985. The weighty judgment of Hon. Anthony Smellie, CJ, at some 204 pages, follows an In Camera hearing taking place over the course of a 9 week period, between April and June 2012.
On 10 January 2013, the Mutual Funds (Amendment) Law 2012 came into effect requiring Cayman Islands master funds which have a single CIMA-regulated feeder to register with CIMA.
Following the hearing of a preliminary issue in the case of Cesar Hotelco (Cayman) Ltd and others -v- Michael Ryan and others  (unreported at present) the Cayman Islands Grand Court on 19 December 2012 handed down an important and welcome judgment clarifying the relationship between the Cayman Island Registered Land Law (2004 Revision) (the "RLL") and unregistered contractual debentures. This judgment is also important in relation to the issue of acquiescence in the appointment of receivers.
BSkyB announced on 25 July 2014 that it had entered into agreements with 21st Century Fox to acquire 21st Century Fox's 57.4% stake in Sky Deutschland AG (SkyD) on a fully diluted basis and its 100% stake in Sky Italia. BSkyB also announced its intention to make a voluntary public takeover offer to the shareholders of SkyD for the purchase of their ordinary registered shares with no par value in SkyD against payment of a cash consideration of €6.75 per SkyD Share. The acquisition of 21st Century Fox's 57.4% stake in SkyD is for a consideration of €3.6bn, valuing SkyD at €6.75 per SkyD share. The total consideration for the acquisition of Sky Italia is £2.45bn with approximately £2.07bn to be paid in cash and the balance to be satisfied through the transfer of BSkyB's 21% stake in National Geographic Channel International to 21st Century Fox at a value of £382m. Subject to the number of SkyD minority shareholders that accept the offer, the total cash consideration overall may be up to approximately £7.0bn. The transactions are subject to regulatory and independent BSkyB shareholder approval. Read more...
Newly-established Opel Group GmbH assumes full responsibility as Single OEM Manufacturer for the Opel/Vauxhall business in Europe including Russia. Read more...
DONG Energy signed an agreement to sell 50% of the German offshore wind farm project Gode Wind 2 to a consortium of Danish pension funds (PKA, Industriens Pension, Lærernes Pension and Lægernes Pensionskasse). The total purchase price amounts to approximately €600m. According to the agreement, the wind farm will have a total capacity of 252 MW. DONG Energy will construct the wind farm, provide operation and maintenance services and will provide a route to market for the power production of Gode Wind 2. The purchase is subject to approval by the cartel authorities. Read more...
Carl Zeiss AG, Oberkochen has concluded a €500 Mio. syndicated loan for the purpose of refinancing existing financing. ZEISS is an internationally leading technology group in the fields of optics and optoelectronics with more than 24,000 employees and about €4.2bn in revenues. Read more...
Dürr AG, via its wholly-owned subsidiary Dürr Technologies GmbH, has reached agreement with several major shareholders of HOMAG Group AG (HOMAG) to acquire a total of 53.7% of HOMAG shares. The purchase price for the 53.7% of the HOMAG shares is € 219 million. An agreement was also reached with the Schuler family and the Klessmann foundation, who have so far held a 25.1% stake in HOMAG in the form of a share pool, on Dürr joining the pool. The share pool will consent to the completion of a control and/or profit and loss transfer agreement by Dürr. The execution of the purchase contracts is subject to approval by the relevant antitrust authorities. Dürr will submit a voluntary public takeover offer to the HOMAG shareholders to acquire all of the shares.
Gide's Warsaw and London offices have successfully completed another project for KGHM Polska Miedź. The largest Polish mining company officially announced an investment loan agreement for USD 2.5 billion for general corporate purposes which was signed on 11 July 2014. This is one of the most significant transactions of its type carried out in Europe this year.
Arbitration is a mechanism of binding dispute resolution which entails resolving disputes outside court in accordance with procedures and standards as determined by the parties in dispute. Arbitration is therefore an alternative to traditional litigation and is distinct from non-binding forms of dispute resolution such as mediation.
As part of the Cayman Islands longstanding commitment to tax transparency and meeting international standards (most notably reflected in the fact that the Cayman Islands are on the G-20's 'white list' of compliant jurisdictions), the Tax Information Authority (International Tax Compliance) (United States of America) Regulations, 2014 (US Regulations) and the Tax Information Authority (International Tax Compliance) (United Kingdom) Regulations, 2014 (UK Regulations and together the Regulations), were gazetted and therefore brought into force in the Cayman Islands on 4 July 2014.
The Gulf-based investor, Khalaf Al-Habtoor chose Lakatos, Köves and Partners again for a new hotel transaction in Budapest