Harry Shaw

Articles

• Campbells authors Cayman Islands chapter in 2025 Chambers Enforcement of Judgments

  This article provides the latest legal information on Enforcement of Judgments in the Cayman Islands.

• Cayman Court confirms its jurisdiction to recognise and enforce foreign interim arbitral awards

  In a judgment delivered on 3 February 2023, the Cayman court considered for the first time whether the existing legislation in the Cayman Islands allows for the recognition and enforcement of interim awards made by a foreign seated tribunal.

• Not via Norwich: Obtaining Evidence in the Cayman Islands via Statute for the Purposes of Foreign Proceedings

  This article explores the statutory powers which can be invoked by foreign litigants seeking to obtain evidence in the Cayman Islands under the Evidence (Proceedings in Other Jurisdictions) (Cayman Islands) Order 1978.

Client Advisories

• Misrepresentation Claims in Liquidations: Houldsworth Revisited

  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.

• Out with the Hould: landmark decision paves the way for shareholder misrepresentation claims against companies in liquidation

  In a significant decision for the Cayman Islands in In The Matter of HQP Corporation Ltd (in Official Liquidation) (FSD 190 of 2021 (DDJ)), the Grand Court has clarified that there is no bar to shareholders bringing claims for misrepresentation against a company in liquidation and, further, that such claims (if admitted) will rank as unsecured debts of the company.

• The Port Fund: Limited Partner Joinder and General Partner Interim Receivership

  In a judgment delivered on 25 May 2023, the Grand Court of the Cayman Islands ordered the joinder of two plaintiff limited partners of The Port Fund L.P. as defendants to a crossclaim which had been filed against the general partner of the Fund, and appointed interim receivers over the GP to manage litigation related to the GP and the Fund, notwithstanding the GP was in voluntary liquidation.

• Cayman Islands Court of Appeal rules on limited partner derivative actions

  This advisory discusses the recent judgment of the Cayman Islands Court of Appeal in Kuwait Ports Authority & Ors v. Port Link GP Ltd & Ors, clarifying the test for limited partners in a Cayman Islands exempted limited partnership to bring derivative claims for and on behalf of the ELP pursuant to section 33(3) of the Exempted Limited Partnership Act (2021 Revision).

• Is that clear? The test for appointing receivers over a segregated portfolio

  This advisory discusses the judgment in the matter of Green Asia Restructure Fund SPC which provides further clarity regarding the relatively untested jurisdiction for creditors to appoint receivers to wind up a SP, and builds upon the judicial guidance provided last year in Re Obelisk Global Fund SPC, uncertainty still lingers.

• Cayman Grand Court authorises disclosure of confidential documents to a related party

  This advisory discusses the recent judgment of the Kuwait Ports Authority, where the Cayman Grand Court considered the scope of its jurisdiction under the Confidential Information Disclosure Act, 2016.

• Cayman Grand Court opens the floodgates to derivative claims by limited partners

  In Kuwait Ports Authority & Another v. Port Link GP Ltd. & Ors (FSD 236 of 2020, unreported, 25 November 2021, Parker J) the Grand Court considered - for the first time in the Cayman Islands - the applicable test governing derivative claims by a limited partner on behalf of an exempted limited partnership under section 33(3) of the Exempted Limited Partnership Act (2021 Revision).

• Private Funding of Legal Services Act, 2020 – A New Age of Litigation Funding in the Cayman Islands

  The passing of the Private Funding of Legal Services Act, 2020 in the Cayman Islands paves the way for a new age of litigation funding and contingency fee arrangements in the jurisdiction.

• Restructuring in provisional liquidation: In the Matter of Sun Cheong Creative Development Holdings Limited

  As Covid-induced insolvency and restructuring gathers pace, in Sun Cheong Creative Development Holdings Limited the Grand Court of the Cayman Islands (the “Grand Court”) has provided a timely overview of the principles of comity and modified universalism applicable in cross border restructurings.

• Cayman Islands Court of Appeal allows appeal against a refusal to enforce a foreign arbitral award

  The CICA’s judgment will be of interest to users of arbitration, particularly those who may wish to seek the enforcement of an award made in a civil jurisdiction in a common law jurisdiction.