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1
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 Islands
20 Sep 2019
2
Al Sadik v Investcorp: Cayman Grand Court Provides Guidance On Interim Payments And Orders Consequent Upon The Grant Of An Anti-Suit Injunction
The August 2019 judgment of Kawaley J, sitting in the Grand Court of the Cayman Islands (the "Grand Court"), in Riad Tawfiq Al Sadik v Investcorp Bank B.S.C & Ors (FSD 47 of 2009) has provided litigants with judicial guidance.
Cayman Islands
3 Sep 2019
3
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 Islands
25 Jun 2019
4
Cayman Grand Court Refuses To Enforce Foreign Arbitral Award In Favour Of Brazilian Airline
The 19 February 2019 judgment of the Grand Court of the Cayman Islands in VRG Linhas Aereas S.A. v Matlin Patterson Global Opportunities Partners II L.P. &...
Cayman Islands
4 Apr 2019
5
Cayman Islands Court Of Appeal Rules On Restraint Of Foreign Claims Against Third Parties
In a judgment delivered on 8 October 2018, the Cayman Islands Court of Appeal ("CICA") allowed a partial appeal by the joint official liquidators of Argyle Funds SPC Inc. (in Official Liquidation)...
Cayman Islands
12 Oct 2018
6
Cayman Islands Court Of Appeal Clarifies Scope Of Third Party Access To Litigation Documents
In a judgment likely to prove significant for litigants and third parties seeking access to Court documents, the CICA has clarified what documents third parties to litigation may obtain from the Court file and the...
Cayman Islands
22 Aug 2018
7
Volume Of Open Justice Turned Down: Confidentiality Orders In Trust Administration
How to strike the balance between open justice and confidentiality? In reasons delivered on 25 July 2018 in respect of an Ex Parte Originating Summons ("Confidentiality Summons")...
Cayman Islands
9 Aug 2018
8
Privy Council Dismisses Final Appeal In Long-Running Hedge Fund Investor Litigation
In a judgment delivered on 18 June 2018, the Privy Council has dismissed the appeal by Emirati businessman Riad Tawfiq Al Sadik against judgments of the Grand Court and the Cayman Islands Court of Appeal ...
Cayman Islands
29 Jun 2018
9
International Arbitration 2018
Mo Haque QC and Andrew Pullinger are the authors of the Cayman Islands chapter of the publication Global Legal Insights to: International Arbitration 2018, which is accessible here.
Cayman Islands
27 Apr 2018
10
Cayman Fund In Liquidation Ordered To Pay Costs Of Cayman And New York Proceedings On The Indemnity Basis
In a Ruling that will be of interest to users of the Cayman courts, the Grand Court has ordered a Cayman fund in liquidation to pay as damages, the costs of foreign proceedings commenced in breach of contract ...
Cayman Islands
29 Mar 2018
11
Anti-Suit Injunction Granted By Grand Court To Restrain Cayman Liquidators From Continuing New York Litigation
In a judgment delivered on 13 February 2018, the Grand Court of the Cayman Islands granted an anti-suit injunction to restrain the joint official liquidators of Argyle Funds SPC...
Cayman Islands
15 Feb 2018
12
Primeo Fund v HSBC: Grand Court Rules That Madoff Feeder Fund Was "The Author Of Its Own Misfortune"
In a landmark judgment of the Grand Court of the Cayman Islands delivered on 23 August 2017 in Primeo Fund (in Official Liquidation) ("Primeo") v Bank of Bermuda (Cayman) Ltd ("BBCL") and HSBC Securities Services...
Cayman Islands
30 Aug 2017
13
Award Of Costs Against Non-Parties In Proceedings Outside Of Their Control
In a novel judgment of Mr Justice McMillan delivered on 1 August 2017, the Grand Court of the Cayman Islands awarded costs against non-parties that did not fund or control the proceedings in issue.
Cayman Islands
22 Aug 2017
14
The Rise Of Arbitration In The Cayman Islands
Anecdotally, there has been a marked increase recently in the use of arbitration as a means by which to resolve commercial disputes in the Cayman Islands.
Cayman Islands
22 Aug 2017
15
Grand Court Considers The Scope Of Liquidators' Statutory Powers To Collect In A Company's Documents
An ordinary litigant would not be restricted from commencing separate proceedings to enforce its proprietary or contractual rights to documents in those circumstances.
Cayman Islands
1 Dec 2016
16
Transparency Vs. Privilege: Balancing Competing Public Interests In Respect Of Witness Statements
In a judgment delivered on 16 November 2016 in Primeo Fund (in Official Liquidation) v Bank of Bermuda (Cayman) Ltd & Anor., the Court of Appeal of the Cayman Islands ("CICA") held...
Cayman Islands
28 Nov 2016
17
A Case Of Rhone: Agreement Of Limited Partners Not To Petition For The Winding Up Of A Cayman Islands Exempted Limited Partnership Upheld On Appeal
The appeal in Rhone Holdings concerned a petition presented by limited partners for the winding up of a Cayman Islands exempted limited partnership...
Cayman Islands
18 May 2016
18
Harbinger Of Change To The Loss Of Substratum Test Applicable To Cayman Islands Companies
The Grand Court of the Cayman Islands clarified two matters concerning petitions to wind up a company on the just and equitable ground on the basis it has lost its substratum.
Cayman Islands
11 May 2016
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