Cayman Islands, Ogier updates

Private Client & Offshore Services

Contributed by Ogier
Key trends in offshore dispute resolution
  • Cayman Islands
  • 25 February 2021

This article looks at key trends in offshore dispute resolution, including the major developments in the Cayman market in 2020 and how the COVID-19 pandemic has affected court timetables for disputes work. It also looks at opportunities in the market around assets which have been devalued as a result of the COVID-19-induced economic downturn.

Temporary legislation for remote witnessing of signatures
  • Cayman Islands
  • 18 February 2021

Parliament has passed temporary legislation which facilitates the signing of certain documents by removing the requirement that a witness be in the immediate physical presence of the person signing. This step, which follows previous regulations introduced in April 2020 to allow remote notarisation, seeks to address the challenges associated with social distancing and other measures arising from the COVID-19 pandemic.

Third-party litigation funding and Private Funding of Legal Services Act
  • Cayman Islands
  • 11 February 2021

Parliament recently passed the landmark Private Funding of Legal Services Act. The act will give litigants greater access to justice and a wider range of funding options enabling parties to enter into agreements with funders and attorneys on negotiated terms that they consider attractive without the need for court approval (other than in cases involving the statutorily prescribed exceptions).

A jurisdiction of choice for Canadian HNWIs
  • Cayman Islands
  • 21 January 2021

Canada is a thriving market for Cayman private wealth services, with the Cayman Islands' full package of wealth structuring and lifestyle factors attracting growing numbers of high-value residents from the north. With direct flights from Toronto, the Cayman Islands are historically known to be a first-class destination for Canadian high-net-worth individuals, who have some familiarity with the Cayman Islands as a British overseas territory and fellow member of the British Commonwealth.

Snapshot: getting your foreign judgment recognised and enforced
  • Cayman Islands
  • 14 January 2021

Ensuring the effective enforcement of judgments is a crucial aspect of a successful litigation strategy. The Cayman Islands recognises that valid decisions made elsewhere should be as enforceable as domestic judgments. While the statutory regime for registration and enforcement has been extended to only some of the superior courts of Australia and its external territories, the Cayman courts are willing to consider extending assistance to all judgment creditors through the well-trodden common law route.

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