header-logo header-logo

The Cayman courts: making a connection

14 July 2023 / Chris Levers , Jordan Constable
Issue: 8033 / Categories: Features , Insolvency , International
printer mail-detail
130135
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll