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  • Article

    China Shansui Cement Group Limited: Cement Shoes for Directors?

    In 2011, in the case of Re China Milk Products Group Limited Mr Justice Jones held that the directors of an insolvent company had inherent authority to petition for its winding up...
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    Check Your Privilege In Settlement Discussions – WP Or Not WP, That Is The Question…

    Legal privilege is currently a fast-moving area in common law jurisdictions, including the Cayman Islands. This month, the Cayman Islands Grand Court
    Cayman IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
Article

The Recoverability Of Foreign Lawyers' Fees

The recoverability of foreign lawyers' fees is an issue which has frequently been considered by the British Virgin Islands Courts in recent years. This has resulted in a significant body of case law on the topic.
Cayman IslandsLitigation, Mediation & Arbitration
Forbes Hare
Forbes Hare
  • Article

    A Cautionary Tale In Interim Injunctive Relief: Lessons From Dixon V Seymour

    A Cayman Islands court decision examines the procedural requirements for obtaining interim injunctive relief in a family property dispute, highlighting critical deficiencies in the application process. The Chief Justice's ruling provides essential guidance on urgency requirements, pleading standards, standing issues, and the adequacy of damages as a remedy in interlocutory proceedings.
    Cayman IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    A Cayman Candle On The Mareva Injunction 50th Birthday Cake

    Two recent judgments in the Grand Court of the Cayman Islands show how freezing injunctions are still nimble going into their 50th year and continue to be a powerful and vital tool...
    Cayman IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    International Arbitration 2020 - Trends And Developments

    The Cayman Islands remains a pro-arbitration jurisdiction, with recent court decisions demonstrating the judiciary's readiness to engage with the difficult nexus between arbitration and insol¬vency.
    Cayman IslandsLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Firewall And Forum

    The recent judgment in the case of Geneva Trust Company v IDF and MF or Re Stingray Trust (the Judgment) is the latest in a line of decisions of the Cayman Islands courts considering the meaning...
    Cayman IslandsCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Stingray Trust: Determining The Scope Of Cayman Firewall And Forum Provisions

    The recent judgment in the case of Geneva Trust Company v IDF and MF or Re Stingray Trust is the latest in a line of decisions of the Cayman Islands courts considering the meaning and scope of the Cayman firewall provisions.
    Cayman IslandsCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Litigation 2024 - Trends & Developments

    In Cayman Islands litigation the general rule is that costs "follow the event". In other words, the losing party is obligated to pay not only their own legal costs...
    Cayman IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Landmark Ruling On Shareholders' Misrepresentation Claims In Company Liquidations: The Houldsworth Rule Modified For The Cayman Islands

    The rule in Houldsworth, as it has been known since the decision of the House of Lords in Houldsworth v City of Glasgow Bank (1880) 5 App Cas 317, served to preclude a shareholder of a company...
    Cayman IslandsCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    Cross Border Comity In The Cayman Islands: The Picard V Primeo Decision

    The Cayman Islands Court of Appeal handed down the much anticipated, albeit interim, decision in Irving H Picard and Bernard L Madoff Investment Securities LLC v Primeo Fund.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Maples Group
    Maples Group
  • Article

    Winding-up Cayman Islands Exempted Limited Partnerships – An Invitation From The Cayman Islands Court Of Appeal?

    Aquapoint L.P. v Xiaohu Fan CICA (Civil) Appeal no. 0014 of 2022 (Grand Court cause no. FSD 0157 of 2021 (DDJ)), 4 October 2023...
    Cayman IslandsCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    The Substratum Rule: Does It Matter?

    Over the past few years, offshore courts have been grappling with whether an overarching equitable concept known as the 'substratum principle' exists.
    Cayman IslandsCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Under The Influence? A Review Of A Recent Cayman Islands Decision That Finds Care For The Entire Beneficial Class Is The Pivotal Factor In Determining Undue Influence

    Uncontested evidence that the late settlor of a discretionary trust wished to take care of all relevant parties was the pivotal factor in support of a finding by the Grand Court of the Cayman Islands....
    Cayman IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    SEB v Weavering Court Of Appeal Judgment

    Earlier this year, the CICA heard the appeal of Skandinaviska Enskilda Banken AB against the 5 January 2016 order of Mr Justice Clifford of the Grand Court in Conway and Walker v SEB1.
    Cayman IslandsFinance and Banking
    Campbells
    Campbells
  • Article

    Calderbank Offers And EHi Car Services: Time For A New Vehicle To Encourage Settlement Of Cayman Litigation?

    Parties should usually, with the help of their legal teams, be able to resolve their dispute without the cost and court time associated with a trial being incurred.
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    Court Of Appeal Clarifies Important Aspects Of Cayman Islands' Property Law Regarding Restrictive Agreements, Easements And Land Register Rectification

    On 7 March 2023, the Cayman Islands Court of Appeal (CICA) overturned the decision of the Grand Court, which held that certain legal instruments dating from 1992 to 2001 granting various rights...
    Cayman IslandsLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Cayman LLCs vs Delaware LLCs vs Jersey LLCs – Points Of Distinction

    The Limited Liability Companies (Jersey) Law 2018 (Jersey LLC Law) came into force on 01 September 2022, which created a new type of entity
    Cayman IslandsCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Privy Council Dismisses Primeo's Final Appeal In US$2bn Madoff Litigation

    In a long-awaited and wide-ranging judgment delivered on 15 November 2023,[1] the Judicial Committee of the Privy Council has dismissed[2] the appeal by Primeo Fund (in Official Liquidation)...
    Cayman IslandsLitigation, Mediation & Arbitration
    Campbells
    Campbells
  • Article

    开曼群岛:外国律师费用的可追讨性

    外国律师费的可追讨性是英属维尔京群岛法院近年来经常审理的一个争论点,由此产生了与该争论点相关的大量判例法。
    Cayman IslandsCorporate/Commercial Law
    Forbes Hare
    Forbes Hare
  • Showing 321–340 of 360 results

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