This advisory discusses the Cayman Islands Court of Appeal’s important and clarifying guidance on the admissibility and ranking of shareholder misrepresentation claims in liquidations.
Guy Cowan and Sam Keogh examine the recent Privy Council decision in Attorney General of Trinidad and Tobago v CL Financial Ltd (in Liquidation) ([2025] UKPC 41), which clarifies the approach courts should take when considering applications for liquidators’ remuneration, including the requirement for detailed scrutiny and the treatment of state creditors in insolvency proceedings
Jane Hale and Liam Faulkner discuss the Cayman Islands Court of Appeal’s approach to service in the context of applications to enforce foreign arbitral awards in its recent judgment in Suning Group Co Limited & Suning.com Co Ltd v Carrefour Nederland BV (CICA (Civil) 15 of 2024).
Shaun Folpp and Aleisha Brown discuss landmark judgment in Jardine Strategic Holdings Ltd and another v Oasis Investments II Master Fund Ltd and others ([2025] UKPC 34) delivered by the Judicial Committee of the Privy Council, abolishing the so-called “Shareholder Rule” in Bermuda and England and Wales.
Shaun Folpp and Aleisha Brown discuss landmark judgment in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd and 80 others (Bermuda) [2025] UKPC 33, providing authoritative guidance on the scope of shareholder appraisal rights under section 106 of the Bermuda Companies Act 1981 in the context of company amalgamations or mergers.
Edward Rhind and Chris Smith discuss how the value proposition for offshore ownership structures has expanded, in light of recent US tariffs.
Demonstrating its commitment to ensuring that its financial services industry is aligned with international best practices, the BVI Business Companies (Amendment) Act, 2024 which makes various amendments to the BVI Business Companies Act (as revised), was published in the BVI Gazette on 26 September 2024.
The Beneficial Ownership Transparency Act, 2023 and the Beneficial Ownership Transparency Regulations, 2024 were brought into force on 31 July 2024, with enforcement relating to the new requirements under the Act commencing on 1 January 2025.
Andrew Pullinger and Lisa Yun discuss the recent judgment of Tianrui (International) Holding Company Ltd (Appellant) v China Shanshui Cement Group Ltd (Respondent).
This decision will be of interest to private equity and other stakeholders familiar with the widely-used Cayman ELP structure.