Ogier appeared in the first successful personal representative
removal application in the Cayman Islands. In a highly contested
hearing which stretched over four days, and included a last minute
attempt to convert the petition proceedings to a writ action, Ogier
acted for the residuary beneficiaries in their successful petition
for the removal of the executrix under s.8 of the Succession Law
(2006 Revision).
In an extempore judgment delivered on 24 April 2020, the
Honourable Justice Ramsay-Hale accepted the petitioners position
that the test for removal of a personal representative of a Cayman
Island estate accords with comparable English Law. Specifically,
the Judge was persuaded that the applicable principles summarised
in Harris v Earwicker [2015] EWHC 1915 (Ch) applied. These
included, among other things:
