Litigation funding in the Cayman Islands:

On April 4, 2014, Justice Andrew Jones QC delivered the written reasons for his decision to authorize the Joint Official Liquidators (JOLs) of two Cayman Islands funds to enter into a contingency fee agreement with a firm of New York attorneys.  

 

Law Talk

The second quarter of 2015 has seen the passage of long awaited enabling legislation for the Cape Town Convention to apply in the Cayman Islands and an interesting decision from the Grand Court considering the use of the “oppression remedy” ...

 

Law Talk

A recent decision of the Grand Court of the Cayman Islands in Re China Shanshui Cement Group Limited looked at the ability of Cayman...

The right to lawful administrative action in the Cayman Islands:

There is the prospect of greater accountability and transparency in government if lessons can be learnt in response to any administrative flaws exposed by these challenges. Improved administration ought to be a welcome proposition.

 

New Court of Appeal decisions

It has been a busy quarter for the Cayman Islands Court of Appeal with two decisions in particular requiring consideration - Weavering and Re Dyxnet.

 

Tax danger continues for expats

 The increasing number of challenges has been evident and there have been four cases on the subject of residence and domicile in the same number of months. This article looks first at three cases involving persons leaving the UK and second at a person coming to the UK.

Receivers and revocable trusts: Reserved powers cannot be exercised against the will of the...

Sidebar:EndnotesSection 14 of the Trusts Law (2007 Revision) of the Cayman Islands provides for the validity of a number of powers to be reserved...

What is new on the Cayman legal front?

The Privy Council issued its decision in the Fairfield Sentry case providing greater certainty as to the finality of the subscription price, redemption price and calculation of net asset value for hedge funds. 

 

HSH Cayman v ABN AMRO Bank – examining the consequences of non-compliance with the...

It is not uncommon to hear statements to the effect that the rules of the court are intended to be complied with, and not intended to be mere ‘targets’ towards which to aspire.

Clawback claims clarified

Recent decision of the Grand Court provides clear guidance on clawback claims.

 

Prest v Petrodel

Prest v Petrodel has something for almost everyone: appalling behavior, a glimpse into the lives of the fabulously wealthy and a diverse range of legal issues appealing to corporate, insolvency, trusts and family lawyers alike.

 

Shareholder wind-up of hedge funds: An Overlooked issue

The courts in both the Cayman Islands and the British Virgin Islands have recently handed down a number of judgments focused on the liquidation of hedge funds and the circumstances in which it is just and equitable for funds to be wound up on a petition by one or more shareholders.

Legal developments

Tania Dons of Conyers Dill & Pearman provides an overview of legislative changes, legal issues and case law of note in the Cayman Islands over the last quarter.

 

A reprobate’s best friend – British libel law

I expect the worst financial scandal in the history of the Cayman Islands to unfold in the coming months. The amount in dispute is likely to exceed half a billion dollars and the ensuing litigation has the potential to clutter up the jurisdiction’s Grand Court for many years. 

 

Law Talk

The ELP Bill provides that a limited partner does not owe any fiduciary duties to the exempted limited partnership or any other partner when exercising any of its rights or authorities or otherwise in performing any of its obligations under the partnership agreement.

 

A process of redemption

Fallout from the sub-prime credit crisis, the Bernard Madoff affair and recent events in the banking and finance sector have had a severe impact on the hedge fund industry leaving many offshore funds facing substantial redemption requests with insufficient liquidity to meet them.

Without direct taxes, how does the Cayman Islands generate its revenue?

The Cayman Islands is often portrayed as a tax haven. And indeed Cayman does not have any corporation tax, income tax, inheritance tax and...

In kind redemptions: A fair deal

In a recent judgement of the Grand Court in the matter of FIA Leveraged Fund (unreported, Grand Court, 18 April 2012), the Court has laid down some general principles applicable to the in kind or in specie distribution of fund assets to redeemed investors and the proper exercise by directors of the power and discretion to make payments in kind.