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  • Article

    Unresolved Questions From Primeo Case On Funds, Creditors And Priority

    This article continues our discussion in relation to the latest Cayman Islands Court of Appeal decision in Primeo and outlines the issues facing investors in relation to the priority of fund payments.
    Cayman IslandsWealth Management
    Ogier
    Ogier
  • Article

    Rhone Holdings, LP: Cayman Court Of Appeal Upholds Validity Of Non-Petition Clause

    In August 2015 the Cayman Islands Grand Court struck out as an abuse of the process of the Court a winding up petition presented in contravention of Section 95(2) of the Companies Law (2013 Revision) (Law).
    Cayman IslandsFinance and Banking
    Harneys
    Harneys
  • Article

    No Loss Of Substratum Finding In Case Of Liquidating Fund

    Section 92(e) provides that a company may be wound up if the court is of the opinion that it is just and equitable to do so.
    Cayman IslandsFinance and Banking
    Harneys
    Harneys
  • Article

    The Price Of An Interlocutory Injunction

    In its recent judgment, the Judicial Committee of the Privy Council (JCPC) provided guidance in relation to the correct approach in assessing loss flowing from an interlocutory injunction.
    Cayman IslandsFinance and Banking
    Ogier
    Ogier
  • Article

    Recognising And Assisting Foreign Officeholders In Guernsey And The Cayman Islands

    In the increasingly internationalised corporate world, complex cross-border structures which include an offshore entity at some level within the structure ...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Walkers
    Walkers
  • Article

    Contingency Fees Codified In The Cayman Islands

    In a groundbreaking move last month, the Cayman Islands gazetted the Private Funding of Legal Services Act 2020 ("the Act").
    Cayman IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Papers, Please: Order 24, Rule 7A Brings Pre-Action And Non-Party Discovery To The Cayman Islands

    The Cayman Islands Grand Court has introduced Rule 7A, granting express powers for pre-action discovery and non-party discovery in civil proceedings. This procedural reform addresses significant gaps in the court's framework by providing a codified mechanism for obtaining documents before litigation commences and from non-parties during ongoing proceedings.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Land Use And Property Rights: Lessons From The Cayman Islands Court Of Appeal's Britannia Decision

    On 7 March 2023, the Cayman Islands Court of Appeal delivered its judgment in Cayman Shores Development Ltd et al v Registrar of Lands et al.
    Cayman IslandsReal Estate and Construction
    Ogier
    Ogier
  • Article

    Cayman Appeal Court Applies Minority Discount In Appraisal Cases Under Section 238 Of The Companies Law

    Following the Cayman Islands Court of Appeal's recent decision in Re Shanda Games Limited, dissenting shareholders will need to take into account the commercial impact of a minority discount on the value of...
    Cayman IslandsWealth Management
    Ogier
    Ogier
  • Article

    Waiver Of Privilege: The Dangers Of Cross-border Discovery Arrangements

    By a decision dated 27 January 2026 in Unicorn Biotech Ventures One Ltd (in its capacity as general partner of Rigmora Biotech Investor One LP) & Anor. v ATP III GP, Ltd (No. 3) [2026] CIGC (FSD) 5...
    Cayman IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Cayman Islands Court Of Appeal Rules On Limited Partner Derivative Actions

    The judgment is the first time section 33(3) of the ELP Act has been considered at appellate level and the CICA overruled the Grand Court's earlier decision in a number of important respects.
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Clawback's Back (Back Again): The Privy Council Rules On The Power Of A Cayman Liquidator To Rectify The Register Of Members

    In Pearson v Primeo [2020] UKPC 3, the Privy Council considered an appeal by a liquidator on the scope of section 112(2) of the Companies Law (2018 Revision) of the Cayman Islands.
    Cayman IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Appealing Appraisal Actions: New Judgments From The Cayman Courts

    Instead each party bears the burden of proving the value for which it contends, and relies on the Court to finally determine the fair value.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Disgruntled Shareholders' Appeal Dismissed – "Strong Reasons" Given By The Cayman Islands Court Of Appeal Affirming Permanent Anti-Suit Relief

    For further information on any of the issues discussed in this publication please contact the related contact(s) on this page. In a wide-ranging judgment of the Cayman Islands Court of Appeal ("CICA")...
    Cayman IslandsLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Exclusive Jurisdiction Clauses - Are They Really Exclusive?

    Argyle Fund SPC Inc. is a Cayman Island Mutual Fund which went into insolvent liquidation on 26 April 2016, purportedly due to significant exposure to debt factoring via investments made through two credit advisors ...
    Cayman IslandsLitigation, Mediation & Arbitration
    Higgs & Johnson
    Higgs & Johnson
  • Article

    Open Secrets: New Cayman Case Law On The CIDL Regime

    As noted in our recent article 'Private Lives and Public Interest', the Grand Court of the Cayman Islands (the "Grand Court") ...
    Cayman IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Privy Council Dismisses Final Appeal In Long-Running Hedge Fund Investor Litigation

    In a judgment delivered on 18 June 2018, the Privy Council has dismissed the appeal by Emirati businessman Riad Tawfiq Al Sadik against judgments of the Grand Court and the Cayman Islands Court of Appeal ...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    The Changing Landscape Of Litigation Funding In Cayman

    Businesses that litigate in the Cayman Islands courts have historically had few alternatives to the traditional funding model, i.e., paying a law firm a fixed hourly rate.
    Cayman IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    In The Matter Of The SPhinX Group Of Companies

    The impact of arbitration clauses on corporate insolvency litigation is still being worked out in the offshore world.
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    A Contractual Term Solid As A Rock

    Non-Lawyers may be surprised to know that the omnipotence paradox is a commonly considered topic by law students.
    Cayman IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Showing 181–200 of 360 results

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