Litigation & Insolvency Update June 2015

Explore the comprehensive legal framework for fraud litigation in the Cayman Islands, including cross-border asset tracing mechanisms, discovery tools, and enforcement strategies. Learn how the jurisdiction's experienced judiciary handles complex international fraud disputes through freezing orders, Norwich Pharmacal applications, and innovative funding arrangements.

A recent English High Court decision confirms that foreign judgments may be enforced even when extraordinary review procedures remain available, provided the judgment presently determines the parties' rights. The case also reinforces that natural justice defences are reserved for genuine procedural unfairness, not disagreements with foreign courts' conclusions. How does this ruling align with the Cayman Islands' established approach to foreign judgment enforcement?

As an autonomous British Overseas Territory, the legal framework of the Cayman Islands shares much in common with England and Wales (as well as other common law jurisdictions across the Commonwealth).

In Han Vision, the Grand Court confirmed that the familiar American Cyanamid test does not apply where an interlocutory injunction would, in practice, decide the case and shut out any trial.

In Peakwave Investment Management Ltd v Energy Evolution GP Ltd ,[1] the Grand Court confirmed that it has jurisdiction to appoint provisional liquidators notwithstanding the fact that the company's shareholders are engaged in an arbitration over its affairs, as mandated by a binding arbitration agreement. This article considers the decision and its implications.

Kenneth Krys and Charlotte Caulfield secured a further victory in their long-running litigation with US hedge-fund Farnum Place LLC before the US Second Circuit of Appeals.

The Grand Court's decision in Thalassa Investments LP examines the boundaries of discovery rights in just and equitable winding up proceedings, particularly when limited partners allege serious misconduct by general partners. This ruling clarifies the strategic considerations limited partners must weigh when choosing between pursuing their statutory right to information under section 22 of the Exempted Limited Partnership Act versus obtaining documents through traditional discovery processes.

In the recent judgment of Kuwait Ports Authority and Ors (Respondents) v Mark Eric Williams & Ors (Appellants),[1] delivered on 28 October 2024, the Judicial Committee of the Privy Council ("JCPC")...

In ordinary commercial litigation there is a plaintiff making a claim and a defendant resisting the claim made by the plaintiff.

CIMA’s new AML / CFT / CPF Compliance Rule and Sanctions Rule, effective 18 September 2026, introduce binding compliance, governance, risk management and sanctions screening requirements for all regulated financial service providers in the Cayman Islands.

On 24 July 2026, China's Ministry of Finance and State Taxation Administration jointly issued the Announcement on Individual Income Tax Matters Relating to Offshore Trusts (《财政部 税务总局关于离岸信托个人所 得税有关事项的公告》) (Announcement No. 21 of 2026) (the "Notice"), together with a companion Announcement of the State Taxation Administration on Collection and Administration Matters Relating to Individual Income Tax on Offshore Trusts...

Most often, businesses gravitate towards the LTD model due to its familiarity and simplicity. However, DACs and Irish Collective Asset Management Vehicles...

The Cyber Resilience Act (Regulation (EU) 2024/2847)1 (“CRA”) establishes horizontal cybersecurity requirements for products with digital elements (“PDEs”) placed on the European Union (“EU”) market. Reporting obligations took effect on 11 September 2026, with full application of the CRA from 11 December 2027.

Our corporate team were happy to advise AMCS on their latest acquisition as the business continues to grow their international footprint and scale.

An overview of the Cayman Islands fund finance market, highlighting H1 2026 trends, data and outlook, including transaction activity, subscription line and NAV facility developments, financing terms, pricing trends and market expectations for the second half of 2026.

The BVI’s April 2026 update to its CRS Guidance Notes advances the implementation of CRS 2.0, expanding the scope of reportable accounts and introducing new compliance and reporting obligations ahead of the first reporting deadline on 31 May 2027.

An overview of the European fund finance market, highlighting H1 2026 trends, data and outlook, including transaction volumes, jurisdictional preferences and emerging financing trends. This forms part of the August 2026 Edition of FUNDed

The Irish Budget for 2026 was announced by Minister Pascal Donohoe on 7 October 2025.