Careful consideration of comity when winding up Cayman companies

Introduction
Background
Primacy of courts in place of incorporation
Decision
Comment


Introduction

Filed under:
Cayman Islands, Insolvency & Restructuring, Ogier
Authors:
Gemma Bellfield (nee Lardner) , Oliver Payne , Michael Snape
Location:
Cayman Islands
Firm:
Ogier
Insolvent Cayman companies: will court wind up or allow opportunity to restructure?

Background
Facts
Decision
Comment


Background

Filed under:
Cayman Islands, Insolvency & Restructuring, Ogier
Authors:
Michael Snape , Gemma Bellfield (nee Lardner)
Location:
Cayman Islands
Firm:
Ogier
Insolvent cayman companies: will the court wind up or allow an opportunity to restructure?

Introduction

Filed under:
Cayman Islands, Insolvency & Restructuring, Litigation, Ogier
Authors:
Michael Snape , Gemma Bellfield (nee Lardner)
Location:
Cayman Islands
Firm:
Ogier
Grand Court strikes out creditor's winding-up petition and comments on relationship with arbitration clauses

Facts
Strike out
Stay in favour of arbitration
Comment

Filed under:
Cayman Islands, Insolvency & Restructuring, Ogier
Authors:
Michael Snape , Nicholas Tam , Christopher Levers , Nour Khaleq
Location:
Cayman Islands
Firm:
Ogier
Grand Court strikes out creditor's winding-up petition and comments on relationship with arbitration clauses

Filed under:
Cayman Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Winding-up
Authors:
Michael Snape , Nicholas Tam , Christopher Levers , Nour Khaleq
Location:
Cayman Islands
Firm:
Ogier
Latitude: Ogier's restructuring and corporate recovery digest, March 2021

Q4 2020 and Q1 2021 saw some significant developments in offshore restructuring, insolvency and corporate recovery, with the passage of new legislation and the handing down of judgments providing welcome clarification on laws relevant to practitioners in this area.

Filed under:
Cayman Islands, Guernsey, Insolvency & Restructuring, Litigation, Ogier, Private equity, Coronavirus
Authors:
Rachael Reynolds KC , Alex Horsbrugh-Porter , Mathew Newman , Michael Snape , Sandie Lyne
Location:
Cayman Islands, Guernsey
Firm:
Ogier
Court of Appeal validates test under Section 99 of Companies Law

Legal issue of principle
Facts
First-instance decision
Court of Appeal decision
Decision's relevance

Filed under:
Cayman Islands, Insolvency & Restructuring, Ogier
Authors:
Michael Snape , Gemma Bellfield (nee Lardner)
Location:
Cayman Islands
Firm:
Ogier
Cayman Islands Court of Appeal validates test under section 99 of the Companies Law

The Cayman Islands Court of Appeal has provided much needed clarification of the test for validating certain transactions by companies that are subject to a winding up petition, pursuant to section 99 of the Companies Law (2020 Revision) (the "Companies Law").

The Legal Issue of Principle

Filed under:
Cayman Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier
Authors:
Oliver Payne , Michael Snape , Gemma Bellfield (nee Lardner)
Location:
Cayman Islands
Firm:
Ogier
Court of Appeal validates test under Section 99 of Companies Law

The Court of Appeal has provided much needed clarification of the test for validating certain transactions by companies that are subject to a winding-up petition, pursuant to Section 99 of the Companies Law (2020 Revision).

Filed under:
Cayman Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier
Authors:
Michael Snape , Gemma Bellfield (nee Lardner)
Location:
Cayman Islands
Firm:
Ogier
Latitude: Ogier's restructuring and corporate recovery digest, March 2021

Q4 2020 and Q1 2021 saw some significant developments in offshore restructuring, insolvency and corporate recovery, with the passage of new legislation and the handing down of judgments providing welcome clarification on laws relevant to practitioners in this area.

Filed under:
Cayman Islands, Guernsey, Insolvency & Restructuring, Litigation, Ogier, Private equity, Coronavirus
Authors:
Alex Horsbrugh-Porter , Mathew Newman , Michael Snape , Marc Kish , Sandie Lyne
Location:
Cayman Islands, Guernsey
Firm:
Ogier