The courts in the Cayman Islands have shown a willingness to explore the link between insolvency & trust law in resolving novel issues: Christopher Levers & Jordan Constable analyse a recent example
- In recent times, courts have shown a growing trend to rely upon insolvency law cases when determining questions of trust law, and this has played out markedly in the Cayman Islands.
Over the past two years, there has been an interesting trend of courts, in certain circumstances, relying upon insolvency law cases when determining analogous questions of trust law. Most recently, the private wealth industry has seen this very application in connection with the now-infamous proceedings relating to the trust known as the Ironzar II Trust (Equity Trust (Jersey) Ltd v Halabi [2022] UKPC 36).
As a pre-eminent jurisdiction for both trust and insolvency disputes, it is unsurprising that the Cayman Islands has seen a number of decisions which explore this very nexus between trusts and insolvency law.
Indeed, late last year, the
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