Category Archives: Client Advisories

Court of Appeal rules on dispute over in specie distribution to shareholder in Cayman Islands Fund

01 Feb 2013

The Cayman Islands’ Court of Appeal has now delivered its judgment in the case involving the winding up of FIA Leveraged Fund (the “Fund”). In dismissing the appeal, the Court of Appeal held that based on the wording in the offering documents for the Fund, the in specie distribution in question could only be made using assets from the Fund’s portfolio (the Fund was fully invested in the ultimate master fund, Fletcher International Ltd. (“The Master Fund”)) that were held by the Fund at the time when the investor was entitled to be paid its redemption monies. Further, even if the Fund’s documents stated that the directors of the Fund had a complete discretion as to the value of the assets to be distributed to the investor, that discretion is still limited as a matter of necessary implication by concepts of honesty, good faith and genuineness and a need for the absence of arbitrariness, capriciousness, perversity and irrationality.


The Patents And Trade Marks Law, 2011

01 Dec 2011

The Cayman Islands Legislature passed the Patents and Trade Marks Law, 2011 on 7 December, 2011 repealing the prior Patents and Trade Marks Law (2007 Revision) and making important changes to the practice of patents and trademarks in the Cayman Islands.