In its recent judgment in the case of Changyou.com Ltd v Fourworld Global Opportunities Fund Ltd (Cayman Islands) [2025] UKPC 12, published on 11 March 2025, the Judicial Committee of the Privy Council has definitively decided that minority, dissenting shareholders in a “short-form” corporate merger between a parent company and a subsidiary company under Part XVI […]
13th March 2025
By Laura Crowley, 4 Pump Court. The use of Artificial Intelligence (AI) in the preparation of written documents is an area of increasing importance and debate in all sectors, including the law. In a recent judgment, Bradley & Chuang v Linda Frye-Chaikin [2025] CIGC (Civ) 5, the Grand Court of the Cayman Islands (Justice Jalil […]
4th February 2025
In a recent judgment in the case of Re Oakwise Value Fund SPC (FSD 303 OF 2024) (IKJ), the Grand Court of the Cayman Islands has appointed Provisional Liquidators over a Cayman Islands segregated portfolio company and all three of its segregated portfolios, for both debt restructuring and corporate restructuring purposes. The Company’s application to appoint JPLs […]
31st January 2025
Samantha O’Brien O’Reilly details a recent example of the application of English and Welsh common law and precedent in a case in the Abu Dhabi Global Market courts concerning allegations of duress, misrepresentation and theft of the intellectual property of a sustainable cooking stove promising “CO2 free, zero emission cooking, anytime, anywhere”[1]. The ADGM Courts […]
17th December 2024
Andrew Stevens explains the practical implications of the DIFC Court of Appeal’s recent judgment in Carmon Reestrutura-Engenharia e Serviços Técnios Especiais, (SU) LDA v Antonio Joao Catete Lopes Cuenda [2024] DIFC CA 003 (26 November 2024) which overrules its own judgment from 6 September 2023 in Sandra Holding v Al Saleh [2023] DIFC CA 003. […]
5th December 2024
In the recent judgment of Mr. Justice Picken in Aabar Holdings SARL v Glencore PLC [2024] EWHC 3046 (Comm), the English Commercial Court has re-considered the validity of the alleged ‘Shareholder Rule’, in the context of claims by companies for legal professional privilege over confidential legal documents, as against their own shareholders. Although the Commercial […]
28th November 2024
On 21 November 2024, the Dubai International Financial Centre (DIFC) announced that it was enacting amendments to the DIFC Law on the Application of Civil and Commercial Laws in the DIFC, with a view to confirming in express terms that DIFC Law is supplemented by reference to English common law, and the common law of […]
21st November 2024
Alex Potts KC has recently published an article for the Journal of International Banking and Financial Law, on the subject of fund finance in the Cayman Islands, with the title ‘Potential litigation risk in private credit and fund finance: disclosure, consent and valuation’. In his article, Alex identifies the three main areas of litigation risk, […]
19th November 2024
Judgment was handed down in Ellis Richards and others v The State of Trinidad and Tobago in which Simon Davenport KC led Carsten Zatschler SC, Eamon Courtenay SC, Dr Kenny Anthony (the former prime minister of Saint Lucia), Gregory Pantin of Hamel Smith and Prof Happold. Simon was instructed by Miguel Vasquez of Hamel Smith. […]
13th November 2024
In its recent judgment in the case of Afiniti Ltd v Chishti [2024] CA Bda 15 Civ, the Court of Appeal for Bermuda has revisited Bermuda’s rules relating to the admissibility of foreign Arbitration Awards, and Independent Counsel opinions, in the context of proceedings brought by a former Director against a Bermuda exempt company claiming […]
13th November 2024
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