Category Archives: Client Advisories

Further to a recent decision by the Court of Appeal, the BVI Court now has no jurisdiction to grant free standing freezing injunctions against a BVI company.

This article considers whether Calderbank offers are, in Cayman practice, an effective means of encouraging parties to resolve their disputes and posits that the time has come to introduce a more robust and predictable costs procedure to operate in tandem with Calderbank offers.

This advisory discusses Palladyne International Asset Management B.V. v Upper Brook (A) Limited and others, where an application was made by Palladyne for leave to appeal to the Judicial Committee of the Privy Council.

The requirements for filing of beneficial ownership information for Cayman Islands companies will change with effect from 15 May 2020 in two respects due to international requirements.  These changes are expected to affect a relatively small number of companies.

On 22 January 2020, the Court handed down judgment in the matter of Pacific Fertility Institutes Holding Company Limited v Pacific Fertility Institutes (HK) Holding Company Limited.

The Cayman Islands Government has approved and enacted the Labour (Amendment) Law, 2020 and the Labour (Extension of Severance Pay Period) Regulations, 2020 to assist employers during the Covid-19 pandemic.

The BVI was one of the first territories to put in place a regime to prevent the use of bearer shares. From 1 January 2005 the use of bearer shares has largely been eradicated in the BVI but issues still arise particularly in circumstances where the holder of bearer shares has died or is incapacitated in some way.

This article provides a general overview of the procedure for the enforcement of foreign arbitral awards in each of the two jurisdictions.

Guy Manning and Hamid Khanbhai discuss the Privy Council’s first consideration of an appraisal action brought under section 238 of the Companies Law of the Cayman Islands. The Board considered a narrow question of how a dissenter’s shares should be valued.

In Pearson v Primeo [2020] UKPC 3, the Privy Council considered an appeal by a liquidator on the scope of section 112(2) of the Companies Law (2018 Revision) of the Cayman Islands. The provision relates to a liquidator’s power “to settle and if necessary rectify the company’s register of members, thereby adjusting the rights of members amongst themselves”. The power arises only in the context of a solvent liquidation of a company which has issued redeemable shares at prices based upon its net asset value.