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  • Article

    Grand Court Clarifies Requirements For Leave To Proceed With A Counterclaim Against A Company In Official Liquidation

    The Grand Court has clarified that, where a company in official liquidation commences proceedings claiming that it holds certain rights...
    Cayman IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    Snapshot: Supreme Court Holds No Attribution Where Director's "Secret" Profits In Issue

    The United Kingdom's Supreme Court has recently delivered helpful guidance on the principles to be applied when dealing with attribution of knowledge between a company and its wrongdoing directors; ...
    Cayman IslandsCorporate/Commercial Law
Ogier
Ogier
  • Article

    Foreign Divorce Proceedings And Its Effect On Cayman Trusts

    The treatment of trusts in divorce proceedings has become increasingly important since the landmark decision of the House of Lords in White v White.
    Cayman IslandsFamily and Matrimonial
    Higgs and Johnson
    Higgs and Johnson
  • Article

    Indemnity Costs Awarded Based On The Contractual Terms Of A Contract Providing For "All Reasonable Costs"

    In a recent decision of the English Commercial Court, in Alafco Irish Aircraft Leasing Sixteen Ltd v. Hong Kong Airlines Ltd [2019] EWHC 3668 (Comm), it was ordered that costs of proceedings are to be assessed ...
    Cayman IslandsFinance and Banking
    Conyers
    Conyers
  • Article

    Aquapoint LP (In Official Liquidation) v Xiaohu Fan [2025] UKPC 56

    This is now the leading case on the availability of just and equitable winding up relief in relation to Cayman ELPs.
    Cayman IslandsLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Case Update: Polarcus – A Declaratory Relief For Cayman Islands Official Liquidators

    The Grand Court of the Cayman Islands (Court) has confirmed that the Court has the jurisdiction to grant declaratory relief within winding-up proceedings (In the Matter of Polarcus Limited (In Official Liquidation)...
    Cayman IslandsLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Funders Keepers: Providing Disclosure Documents To Your Litigation Funder

    The Eastern Caribbean Court of Appeal recently held, on appeal from the BVI, that a party to proceedings is entitled to share documents received in the proceedings with its litigation funder.
    Cayman IslandsLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    Grand Court Of The Cayman Islands Reminds Practitioners Of The Overriding Objective

    In the recent decision of the Grand Court of the Cayman Islands In the matter of Global-IP Cayman (unreported, 21 July 2020)
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    UK Court Of Appeal Rules On Creditors' Entitlement To Interest After An Administration?

    The United Kingdom Court of Appeal (‘UKCA') has found that once a company has gone into administration (a form of insolvency/restructuring process not available in the Cayman Islands ...
    Cayman IslandsWealth Management
    Bedell Cristin
    Bedell Cristin
  • Article

    Change To The Test Regarding Leave To Appeal To The Privy Council

    The formulation of "an arguable point of law of general public importance which ought to be considered by the Supreme Court at that time" is the same as that applied under the relevant procedural rules to an application for permission to appeal to the Judicial Committee of the Privy Council on appeal from the Court of Appeal of Jersey.
    Cayman IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Substance Over Form: Cayman Islands Court Stays Specific Performance Claim In Favour Of Hong Kong Arbitration

    In TB Mgmt LLC & Ors v Taibang Biological Ltd [2026] CIGC (FSD) 83, the Cayman Islands Grand Court (the “Court”) stayed a Cayman Islands proceeding in favour of a Hong Kong arbitration on the basis that the arbitration concerned the same ‘core substantial dispute’.
    Cayman IslandsLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    Notification Injunctions - A New Tool For Asset Preservation?

    When plaintiffs sue for substantial damages they need to be confident that the defendant has assets to meet a judgment.
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    Cayman Court Of Appeal Reverses US$111 Million Judgment Against Weavering Directors

    In an unanticipated development, the Cayman Islands Court of Appeal handed down judgment on 12 February 2015 and has reversed the decision of Jones J...
    Cayman IslandsFinance and Banking
    Conyers
    Conyers
  • Article

    Trends And Developments

    The Cayman Islands has developed a framework for the enforcement of foreign judgments, including arbitral awards, which has long been recognised as friendly to those wishing to enforce judgments or awards against assets...
    Cayman IslandsFinance and Banking
    Collas Crill
    Collas Crill
  • Article

    Where "Industry Practice" Diverges From The Law: Back-To-Back Redemptions In Cayman Islands Master/Feeder Investment Fund Structures

    A recent judgment of the Grand Court of the Cayman Islands1 (Grand Court) has raised a number of important issues for the processing of redemptions in master-feeder structures.
    Cayman IslandsFinance and Banking
    Walkers
    Walkers
  • Article

    Cayman Islands Litigation: Reflecting On The Year 2024

    As the Grand Court of the Cayman Islands is set to close for 2024, we reflect on some of the large-scale cross-border insolvency and restructuring proceedings and complex commercial disputes dealt with in the jurisdiction during 2024.
    Cayman IslandsInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • Article

    Britannia Owners' Golf And Beach Club Rights Upheld

    On 9 June 2021, the Grand Court handed down its judgment in Cayman Shores Development Ltd and Palm Sunshine Ltd v Registrar of Lands and others (FSD Cause No. 143 of 2019)...
    Cayman IslandsReal Estate and Construction
    Walkers
    Walkers
  • Article

    A New Cryptocurrency Remedy Against Software Developers?

    There has been an increase in claims relating to misappropriated cryptoassets in offshore jurisdictions. The Courts of the Cayman Islands, BVI and Bermuda are guided by the decisions...
    Cayman IslandsTechnology
    Walkers
    Walkers
  • Article

    The Cayman Islands Court Provides Guidance On The Approach To Trust Mistake Cases

    On 9 March 2015, the Grand Court handed down a decision in the Schroder case concerning an application made by a Cayman Islands trustee to set aside a transfer of assets from a Cayman Islands Employee Benefit Trust (the "Cayman EBT") to three Employee Retirement Benefit Fund Schemes ("EFRBS") governed by Jersey law.
    Cayman IslandsWealth Management
    Appleby
    Appleby
  • Article

    The Port Fund: Limited Partner Joinder And General Partner Interim Receivership

    In a judgment delivered on 25 May 2023, the Grand Court of the Cayman Islands ordered the joinder of two plaintiff limited partners of The Port Fund L.P. (the "Fund") as defendants to a crossclaim...
    Cayman IslandsCorporate/Commercial Law
    Campbells
    Campbells
  • Showing 61–80 of 360 results

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