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  • Article

    Cayman Court Approves Winding-Up Order For "Insolvency Proof" Sigma Finance Corporation After Complex 16-Year Administrative Receivership In The UK

    In an announcement to beneficiaries on 24 March 2024, the joint administrative receivers (JARs) of Sigma Finance Corporation (the Company)...
    GlobalInsolvency/Bankruptcy/Re-Structuring
    Appleby
    Appleby
  • Article

    Cayman Court Examines Master-Feeder Redemption Procedures

    The Cayman Grand Court has handed down a decision that has significance for Cayman master-feeder fund structures.
    Cayman IslandsFinance and Banking
    Ogier
Ogier
  • Article

    Cayman Islands Court Of Appeal Confirms Limits On A Party's Ability To Appeal To The Privy Council

    The appeal was in relation to an application for declaratory relief to the effect that Palladyne had not been validly removed.
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    If It Looks Like An Attorney

    In a recent judgment the Grand Court of the Cayman Islands confirmed that in-house counsel are "attorneys" under the Grand Court Rules for the purposes of taking steps on behalf of a body corporate...
    Cayman IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Herald Fund SPC: The NAVs That Bind

    In a decision that does much to reassert legal certainty for investors in Cayman Islands funds the Cayman Islands Court of Appeal ("CICA") has overruled a decision of the Grand Court concerning...
    Cayman IslandsCorporate/Commercial Law
    Maples Group
    Maples Group
  • Article

    Court Clarifies Treatment Of Foreign Tax Liabilities In Bankruptcy

    The Cayman Islands Court of Appeal has allowed the appeal of a creditor against a bankruptcy order made against two Cayman Islands resident debtors.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Maples Group
    Maples Group
  • Article

    Cayman Grand Court Puts Roles Of Non-admitted Attorneys Under The Spotlight

    In a concise yet comprehensive recent judgment of the Cayman Grand Court which will be of interest to both practitioners and stakeholders, the Hon. Justice Asif analyzed the roles of attorneys not admitted to practice in the jurisdiction, ...
    Cayman IslandsLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Cayman Islands Court Of Appeal Rules On Restraint Of Foreign Claims Against Third Parties

    In a judgment delivered on 8 October 2018, the Cayman Islands Court of Appeal ("CICA") allowed a partial appeal by the joint official liquidators of Argyle Funds SPC Inc. (in Official Liquidation)...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Cayman Islands Court Of Appeal Validates Test Under Section 99 Of The Companies Law

    The Cayman Islands Court of Appeal has provided much needed clarification of the test for validating certain transactions by companies that are subject to a winding up petition...
    Cayman IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Grand Court Confirms Power To Compel Parties To Engage In ADR

    In a groundbreaking decision, the Grand Court has confirmed in Unicorn Biotech Ventures One Ltd (in its capacity as general partner of Rigmora Biotech Investor One LP) & Anor. V ATP III GP, Ltd [2026] CIGC (FSD) 1...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Gross Negligence Revisited

    This has included auditors, administrators and custodians, as well as persons serving as independent directors.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    The Paralysed Trustee: A Cayman Approach

    While it is a relatively rare occurrence, circumstances can arise in the life of a trust that lead a trustee to the view that its hands are effectively tied and which potentially put the proper...
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    UK Court Of Appeal Corrects Mistake In Rent-Review Clause By Interpretation: MonSolar IQ Ltd v Woden Park Ltd

    The job of a court when interpreting a written contract, including a lease, is to work out what the document means, not what either party thinks it means.
    Cayman IslandsReal Estate and Construction
    Ogier
    Ogier
  • Article

    English Court Grants An Asset Preservation Order Over Bitcoin - Further Guidance For The Cayman Islands

    In August 2019, the Commercial Court in London ("Commercial Court") granted an asset preservation order ("APO")
    Cayman IslandsTechnology
    Bedell Cristin
    Bedell Cristin
  • Article

    Anti-Suit Injunction Safeguards The Universality Of Insolvency Proceedings

    The Grand Court of the Cayman Islands has granted an anti-suit injunction restraining a creditor (the "Creditor") of a Cayman fund in Official Liquidation under the Companies Law...
    Cayman IslandsWealth Management
    Ogier
    Ogier
  • Article

    Judgments On Jurisdiction – Lessons From The Stingray Trust

    One of the attractive features of trusts law in the Cayman Islands is the jurisdiction's well known, and well used, "firewall" provisions. Up until now, certain of these provisions have been widely...
    Cayman IslandsCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    Civil Recovery Of The Proceeds Of Crime And Unlawful Conduct In Bermuda And The Cayman Islands: Recent Developments

    As leading international financial centres, both Bermuda and the Cayman Islands have detailed legislation in place providing methods for the civil recovery by Governmental agencies...
    Cayman IslandsCriminal Law
    Conyers
    Conyers
  • Article

    The Cayman Islands Court Of Appeal Affirms Liquidators' Clawback Powers

    When a fund fails, the disappointed investors' sole hope of recompense often rests on the fund's liquidators gathering in and distributing pari passu as many of the fund's assets as possible.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Carey Olsen
    Carey Olsen
  • Article

    Cayman Court Allows Interim Distributions In Saad Liquidation

    The Grand Court of the Cayman Islands (the "Court") has sanctioned a proposal enabling the Joint Official Liquidators ("JOLs") of Saad Investments Company Limited ("SICL") ...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Cayman Islands Court Of Appeal Clarifies Scope Of Third Party Access To Litigation Documents

    In a judgment likely to prove significant for litigants and third parties seeking access to Court documents, the CICA has clarified what documents third parties to litigation may obtain from the Court file and the...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Showing 141–160 of 360 results

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