Most Read Contributor in Cayman Islands, September 2016
The 1996 bound volume of the Cayman Islands Law Reports is now available and the new Cumulative Index (in both paper and disk versions) covering 1952 - 96 will be published in November 1997. Part 1 of the 1997 Reports will be available around Christmas 1997.
The Reports contain all the cases decided in the Cayman Islands courts in the past 45 years on BANKING, COMPANIES, CONFIDENTIAL RELATIONSHIPS, CONFLICT OF LAWS, CONTRACT, MORTGAGES and TRUSTS. The Reports are published by Law Reports International, based in Oxford. All volumes and data can be obtained from Dr Alan Milner at Trinity College, Oxford, UK.
Cayman Islands Law Reports - Coverage of the decisions of the Grand Court, the Court of Appeal and the Privy Council.
1952 - 1996
9 volumes and Cumulative Index £765 (US$1530) plus surface mail £75 (US$150) or airmail £112 (US$225).
The Cumulative Index is available in either paperback or disk format.
To be published during 1997-98.
Bound volume only: £80 (US$165) plus surface mail £8 (US$16) or airmail £12.
6-monthly Part + Bound volume £120 (US$240) plus surface mail £12 (US$24) or airmail £17.50 (US$35).
Sample of the data to be found in the existing Law Reports Index:
Appointment of trustees
application by administrator on intestacy
administrator of intestate's estate before 1955 not vested with
title to deceased's real property but since devolution creates
settlement under Settled Land Law (Jamaica, cap. 355), s.2(1), may
seek court appointment as trustee under s.44(1): Powery v. Powery
(C.A.)........(vol. 1952 - 79, p. 52)
"benefit" to beneficiary. See Variation
illegitimate child or issue claiming through illegitimate line
not to be treated as beneficiary within meaning of words "child"
or "issue" - common law construction applicable in Cayman
Islands - unless displaced by express words or particular
circumstances - wider implications to be considered, particularly
effect on other families entitled to assume common law
construction: RHB Trust Co. Ltd. v. Butlin (Grand Ct.)
........(vol. 1992 - 93, p. 219)
joinder as defendant to summons for directions
beneficiary to be joined as defendant if summons seeks directions
for proceedings against him - not normally to be provided with
evidence or allowed to attend hearing - general rule flexible
according to circumstances: In re Ojjeh Trust (Grand
Ct.)........(vol. 1992 - 93, p. 348)
right to costs - no pre-emptive order for costs of action challenging
bona fides of trustee if (a) beneficiary not acting on behalf of
all beneficiaries; (b) not suing for disinterested reasons; (c)
order not necessary to ensure proper representation of all
interests, or because beneficiary lacks funds - order for costs
made after event if proceedings later shown to be for benefit of
trust: Lemos v. Coutts & Co. (Cayman) Ltd. (C.A.)
.......(vol. 1992 - 93, p. 460)
right to costs - under Trusts Law (Revised), s.45 beneficiaries may
be awarded costs of participation in trustees' summons for
directions on indemnity basis from trust fund if incurred for
benefit of trust or beneficiary participates with legitimate
expectation of award of costs: In re
Ojjeh Trust (Grand Ct.).......(vol. 1994 - 95, p.118)
right to disclosure of accounts - court may grant limited
disclosure of accounts in action against trustee on condition
that used only in Cayman action if evident that beneficiary
fishing for information to assist foreign action challenging
trust: Lemos v. Coutts & Co. (Cayman) Ltd. (C.A.)........ (vol. 1992
- 93, p. 460)
right to disclosure of trust information - beneficiary making case
for detailed information of companies belonging to trust to
specify documents and to undertake not to copy or disclose except
to advisors - court may order disclosure if no valid objection by
trustees, directors or other beneficiaries: In re Ojjeh Trust
(Grand Ct.)........ (vol. 1992 - 93, p. 348)
right to inspect trust documents - based on qualified proprietary
right in trust assets - may inspect and copy essential trust
documents but no automatic right to details of companies owned by
trust - may make special case for disclosure: In re Ojjeh Trust
(Grand Ct.).......(vol. 1992 - 93, p. 348)
right to inspect trust documents - beneficiaries entitled to
inspect and copy deeds of appointment referred to in trustees'
affidavits to be certain of identities of trustees and other
beneficiaries - similarly entitled to inspect letters of wishes
referred to in affidavits to ascertain terms of trust: Lemos v.
Coutts & Co. (Cayman) Ltd. (Grand Ct.)..........(vol. 1992 - 93, p. 5)
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