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  • Article

    No "Smash And Grab": Irish High Court On Default Construction Adjudication Awards

    The Irish High Court1 (Mr Justice Simons) has clarified that, in a construction adjudication, where a respondent does not reply to an initial payment claim notice, the legislation does not empower an adjudicator...
    Cayman IslandsReal Estate and Construction
    Maples Group
    Maples Group
  • Article

    UK Supreme Court Offers Lessons For Landlords Of Multi-tenanted Buildings In Cayman

    In the UK, it is common for mutual-enforceability covenants (the nature of such covenants is explained below) to be found in the leases of flats located in apartment blocks.
    Cayman IslandsReal Estate and Construction
Ogier
Ogier
  • Article

    Cayman Fund In Liquidation Ordered To Pay Costs Of Cayman And New York Proceedings On The Indemnity Basis

    In a Ruling that will be of interest to users of the Cayman courts, the Grand Court has ordered a Cayman fund in liquidation to pay as damages, the costs of foreign proceedings commenced in breach of contract ...
    Cayman IslandsWealth Management
    Campbells
    Campbells
  • Article

    Analysing The Changyou.com Decision: What It Means For Appraisal Rights In Short-Form Mergers

    A short-form statutory merger can be effected under the Cayman Islands' Companies Act (as revised) (the "Act") between a parent company and a Cayman Islands incorporated subsidiary.
    Cayman IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    In the Matter Of A Trust

    Following the Settlor's death, the Trustee began preparing for the distribution of the Trust assets.
    Cayman IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    S238 In Action: CICA Clarifies Approach To 'fair Value' Appraisal Proceedings In Trina Solar Limited

    The Cayman Islands Court of Appeal ("CICA") has delivered a valuable judgment on the application of section 238 of the Companies Act (as revised) in Re Trina Solar Limited.
    Cayman IslandsCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    Substratum – What Is It And Do I Need To Worry About It?

    There has been debate between legal academics and trust practitioners about whether a power holder is prohibited from exercising powers of addition or exclusion of beneficiaries, or other analogous powers...
    Cayman IslandsCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Chabra-Cadabra: The Magic Of Freezing Injunctions Against Third Parties

    One can't help but pity the plaintiff with an ironclad claim against a defendant with apparently no assets to their name - and thus none to freeze - to ensure a surefire favorable judgment can be met.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    The Cayman Islands Court Of Appeal Finds That Norwich Pharmacal Relief Is Available In Aid Of Foreign Proceedings

    The Court of Appeal of the Cayman Islands (CICA) has found that the Cayman courts have jurisdiction to grant a Norwich Pharmacal Order (NPO) in support of potential proceedings before a foreign...
    Cayman IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Wound Up, Or Not? Rhône Holdings In The Cayman Courts

    Insolvency petitions form part of the regular diet of commercial proceedings seen by the Cayman Island courts.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Cayman Grand Court Permits U.S. Depositions of Future Trial Witnesses

    In the course of international litigation a party seeks to depose a future witness of fact using powers available to that litigant under the laws of another jurisdiction or under powers of the domestic court.
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    FamilyMart And Beyond: The Continuing Influence Of The Privy Council’s Landmark Decision On Shareholder Litigation

    The Privy Council’s decision in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corp [2023] UKPC 33 is a landmark ruling that distinguishes the arbitrability of underlying...
    GlobalLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Cayman Grand Court Opens The Floodgates To Derivative Claims By Limited Partners

    In Kuwait Ports Authority & Another v. Port Link GP Ltd. & Ors (FSD 236 of 2020, unreported, 25 November 2021, Parker J) the Grand Court considered – for the first time in the Cayman Islands – the applicable test governing derivative claims by a limited partner.
    Cayman IslandsFinance and Banking
    Campbells
    Campbells
  • Article

    Fair Value In Cayman Company Mergers

    The merger and consolidation regime was introduced in the Cayman Islands in May 2009.
    Cayman IslandsWealth Management
    Ogier
    Ogier
  • Article

    Sharpening The Blue Pencil: The UK Supreme Court Clarifies The Law Of Restrictive Covenants

    Restrictive covenants are a common, even standard, feature of employment contracts for senior members of staff, but the manner in which they are treated by the courts is perhaps less commonly understood.
    Cayman IslandsEmployment and HR
    Walkers
    Walkers
  • Article

    Cayman Court Applies Insolvency Law Cases In Trustee Blessing Application

    Over the past two years, there has been an interesting trend of courts, in certain circumstances, relying upon...
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Ogier
    Ogier
  • Article

    Campbells Successfully Acts For The Defendants In The Matter Of Steven Goodman v Dawn Cummings And DMS Governance Ltd.

    In a Judgment delivered on 2 July 2019, the Grand Court dismissed the Plaintiff's application to amend his pleading and granted summary judgment in favour of DMS
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Every Ending Is A New Beginning

    These decisions remind us that for every new beginning, there is an opportunity for a quick end.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Grand TG Gold Holdings Limited: Pragmatic Adjournment Of A Winding Up Saves A Going Concern Business

    It is well settled that the Cayman Court's power to order the winding up of a Company is discretionary, section 92 of the Companies Law (2013 Revision) providing that ‘A company may be wound up by the Court if …'.
    Cayman IslandsLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    A Shareholder's Personal Standing To Challenge Dilution Of Shareholding (Tianrui IHC Ltd v China Shanshui Cement Group Ltd (Cayman Islands))

    The Privy Council was asked to consider whether the appellant, Tianrui IHC Ltd a minority shareholder ("Tianrui") enjoyed personal standing to claim against a company when the directors of the company allot shares.
    Cayman IslandsCorporate/Commercial Law
    Gatehouse Chambers
    Gatehouse Chambers
  • Showing 241–260 of 360 results

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