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ARTICLE · 21 JULY 2021

Snapshot: Management Meetings Confirmed As Being Integral In Section 238 Proceedings

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

Cayman IslandsLitigation, Mediation & Arbitration

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

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