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  • Article

    Cayman Courts Continue To Provide Essential Guidance To Trust Practitioners Navigating Complex Trust And Estate Challenges

    It is not uncommon for trust practitioners to face significant challenges when administrating trusts and estates. Changing circumstances and family dynamics can even involve practitioners in...
    Cayman IslandsCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Court Of Appeal Clarifies The Merits Threshold For The Grant Of Freezing Injunctions

    There has been much debate in the English courts in recent years about the meaning of one of the tests that have to be satisfied for obtaining a freezing injunction, namely a "good arguable case",
    Cayman IslandsLitigation, Mediation & Arbitration
Appleby
Appleby
  • Article

    Cross-Border Comity At The Court Of Appeal – The Picard V Primeo Decision

    The Court of Appeal handed down the much-anticipated decision in Irving H Picard and Bernard L Madoff Investment Securities LLC v Primeo Fund.
    Cayman IslandsLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    Side-letter Sideshow

    Side-letters are generally viewed by managers as a key fundraising tool by which they can bestow ‘most favoured nation status' fee rebates, preferential redemption terms and a host of other benefits in return for investments.
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    The Cayman Islands Court Of Appeal Confirms Orders For Security For Costs In Winding Up Proceedings

    In Dyxnet Holdings Limited v Current Ventures II Limited and Current Ventures IIA Limited (Cause CICA 33/2013), the CICA overturned two Grand Court judgments dating back to 2010...
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    In The Matter Of Ardon Maroon Asia Master Fund

    Cayman Grand Court rules on the natural and ordinary meaning of fund constitutional documents in preference to following common practice in the funds industry.
    Cayman IslandsFinance and Banking
    Conyers
    Conyers
  • Article

    The Latest Interpretation Of The Illegality Defence In The Cayman Islands

    In the long-awaited decision of Ahmad Hamad Algosaibi and Brothers Company ('AHAB') v SAAD Investments Company Limited (In Official Liquidation) (SICL) and Others,[1] the Cayman Court ('the Court')
    Cayman IslandsCriminal Law
    Ogier
    Ogier
  • Article

    Consent As Control: The Rise Of The Powerful Protector

    A landmark ruling on protector powers. The Privy Council has fundamentally reasserted the internal balance of power within modern trusts, holding that protector consent provisions may confer an independent discretion...
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Post-Judgment Norwich Pharmacal Orders: A Square Peg In A Round Hole?

    The decision of the Grand Court of the Cayman Islands earlier this year in ArcelorMittal USA LLC v Essar Global Fund Limited & Anor[1] re-examines Norwich Pharmacal Orders (NPO)...
    Cayman IslandsLitigation, Mediation & Arbitration
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Primeo Fund v HSBC: Cayman Islands Court Of Appeal Dismisses Primeo's Appeal

    In a judgment delivered on 13 June 2019, the Cayman Islands Court of Appeal dismissed the appeal by Primeo Fund (in Official Liquidation), a Madoff feeder fund, against the 2017 judgment of the Grand Court ...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Caribbean Legal Update – Appeal Decisions By The Judicial Committee Of The Privy Council ("Privy Council") In London

    The Judicial Committee of the Privy Council ("Privy Council") in London, which is the highest appeal court for many Caribbean jurisdictions
    GlobalInsolvency/Bankruptcy/Re-Structuring
    Bedell Cristin
    Bedell Cristin
  • Article

    CDR – Primeo Fund v HSBC: On reflection

    The Cayman Islands Court of Appeal recently dismissed the USD2 billion appeal by Primeo, a Madoff feeder fund. Campbells represented the successful HSBC respondents.
    Cayman IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • Article

    Not Via Norwich: Obtaining Evidence In The Cayman Islands Via Statute For The Purposes Of Foreign Proceedings

    This article explores the statutory powers which can be invoked by foreign litigants seeking to obtain evidence in the Cayman Islands under the Evidence (Proceedings in Other Jurisdictions)...
    Cayman IslandsInternational Law
    Campbells
    Campbells
  • Article

    The Port Fund: Privy Council Clarifies Test For Derivative Action By A Limited Partner

    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")...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    COVID-19, Employment Practices Liability Insurance, And Vicarious Liability: An Offshore Perspective

    There have now been over 6 million confirmed cases of COVID-19 infection globally, and over 370,000 deaths.
    Cayman IslandsCoronavirus (COVID-19)
    Conyers
    Conyers
  • Article

    Whose Opportunity Is It Anyway? The Line Between Fiduciary Responsibility And Private Entrepreneurship

    Those who assume positions as directors of companies, partners or trustees, as well as certain other advisory roles, will be aware that this inherently involves assuming fiduciary duties to the person or entity...
    Cayman IslandsCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    Practical Guidance For Cayman Islands Incorporated Entities Dealing With A Purported Fraudulent Transfer Of Shares To A Wrongdoer Or A Third Party.

    The English Court of Appeal confirmed that the members of a company are taken to be those shown on the Register of Members unless and until the register is rectified...
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    The Cayman Islands Court Of Appeal Will Consider Whether A Company's Shareholders Can Bring Claims For Misrepresentation Against The Company In Its Liquidation

    In an unprecedented turn of events, two recent proceedings in the Grand Court of the Cayman Islands considered the same complex legal issues just one week apart. Both In the Matter of HQP Corporation Limited...
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Duties And Liabilities Of Trustees - August 2015

    Cayman Islands trust law is based on a body of English law which has developed over many hundreds of years.
    Cayman IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    Cayman Islands Court Of Appeal Confirms Court's Jurisdiction To Order Joinder Of Limited Partners

    In the recent judgment of Mark Eric Williams and Ors v Kuwait Ports Authority & Ors, the Cayman Islands Court of Appeal confirmed that the Grand Court had jurisdiction to order the joinder of two plaintiff limited partners of The Port Fund L.P.
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Showing 281–300 of 360 results

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