Cayman Islands: Court Procedure

The Court of Appeal in Re PetroSaudi International has settled a long-standing debate by confirming that Cayman Islands courts have jurisdiction to order just and equitable winding up where there is a need for investigation into a company's affairs. This landmark appellate decision establishes clear parameters for when the investigative ground can be invoked, requiring proper standing and evidence that unsecured creditors would benefit.

The Cayman and Hong Kong courts have delivered parallel rulings in Re Ourgame International Holdings Limited that fundamentally reshape how liquidators must approach applications for powers and cross-border recognition. These decisions establish that courts will scrutinize each requested power individually, requiring specific justification and evidence rather than granting blanket authority. What does this mean for practitioners seeking to make Cayman liquidations effective across multiple jurisdictions?

Recent Cayman Islands court decisions have reshaped the landscape for fund liquidations, clarifying competing routes to winding up, the independence test for appointed liquidators, and the jurisdictional implications of filing proofs of debt. These rulings establish important boundaries around officeholder powers while balancing efficiency against proper judicial oversight.

As an autonomous British Overseas Territory, the legal framework of the Cayman Islands shares much in common with England and Wales (as well as other common law jurisdictions across the Commonwealth).

The Cayman Islands Grand Court has introduced Rule 7A, granting express powers for pre-action discovery and non-party discovery in civil proceedings. This procedural reform addresses significant gaps in the court's framework by providing a codified mechanism for obtaining documents before litigation commences and from non-parties during ongoing proceedings.

The Privy Council’s decision in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corp [2023] UKPC 33 is a landmark ruling that distinguishes the arbitrability of underlying...

During these difficult times, as the COVID-19 outbreak continues to disrupt our daily lives, health and safety is paramount.

Enforcement of an award shall not be refused except in the circumstances set out above.

The entitlement to own a dog in the Cayman Islands is not absolute. In addition to licencing and registration requirements with the Department of Agriculture, owners are responsible not only for the welfare of their animal, ...