The Grand Court of the Cayman Islands has again emphasised the
central role that experts play in section 238 proceedings and that
it is integral to the process to allow them to meet with management
to gather information that they consider to be relevant. In a
recent decision in eHi Car Services Limited, Justice
Parker ordered the Company to convene a management meeting at the
request of the Dissenters' expert, despite the Company's
protestations that it was not reasonable, proportionate or
necessary to do so.
The Company had already unsuccessfully challenged the
Court's jurisdiction to order management meetings1
at a previous hearing. Despite this, when the Dissenters'
expert requested that such a meeting be convened, the Company
refused to do so unless the Dissenters' expert provided a list
of questions for it to consider, ahead of the time required by a
previous directions order for the expert to do so. The Company
contended that, in the absence of any evidence