June 30, 2022

Cayman Islands: Shanda Games- Court of Appeal confirms timing for leave to appeal to Privy Council

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Contributed by Harney Westwood & Riegels LLP From ILO The Court of Appeal has ruled that for the purposes of an application for leave to appeal to the Privy Council, time runs from the date on which an order is sealed or perfected, not the date on which the judgment was delivered. Facts In the […]

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion – Bermuda

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by MERITAS – Law Firms Worldwide From JD SUPRA 1. What role does the government of Bermuda play in approving and regulating foreign direct investment? The government of Bermuda welcomes foreign investment in Bermuda and is committed to working with industries and investors in Bermuda to ensure that initiatives are introduced to ensure the success […]

Privy Council dismisses Caribbean bank account dispute

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From Marilyn Stowe UK Funds held in joint bank accounts are subject to the arrangements set out in the opening documents, even if one of the holders subsequently dies, the Privy Council has ruled. In Whitlock v Moree, it considered an appeal from the Court of the Commonwealth of the Bahamas. The case concerned a […]

UK’s Privy Council confirms Cayman Islands GC decision ‘redeemed’ Madoff investors are creditors

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By Helen Burggraf From International Investment In what has been called a decision “of significant interest to the fund industry”, the UK’s Privy Council has upheld a ruling by the Cayman Islands Grand Court which held that redeemed but unpaid investors in failed investment funds managed by Bernard Madoff’s company should be treated as creditors in […]

Privy Council upholds Turks and Caicos Islands government asset recovery claim

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From Caribbean News Now LONDON, England — On Monday, the Privy Council in London dismissed an appeal by Akita Holdings Ltd against the Turks and Caicos Islands (TCI) government, affirming the decisions of the Supreme Court and Court of Appeal as part of the government’s claim against Akita Holdings under the civil recovery programme. Akita […]

Indian jurist urges Caribbean nation to replace privy council in London

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By Paras Ramoutar From INDIA NEW ENGLAND NEWS Port-of-Spain– Eminent Indian jurist B.N. Srikrishna has urged Trinidad and Tobago to fully adopt the Caribbean Court of Justice (CCJ) as its final court of appeal rather than the Privy Council in London. “What are you waiting for,” asked Justice Srikrishna, a retired judge of the Supreme […]

Raising the Bar: Sir Dennis Byron charts new course for Caribbean justice

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By Gerard Best From Caribbean News Now PORT OF SPAIN, Trinidad — After Sir Dennis Byron was sworn in as president of the Caribbean Court of Justice (CCJ) in September 2011, it was no surprise that he immediately set about transforming the institution. His reputation as an innovator and court reformer by then had already […]

Court clarifies ranking of shareholder claim

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November 17 2016 | By Authors Lachlan Greig, Marc Kish, Joanne Verbiesen Contributed by Harney Westwood & Riegels LLP From ILO Offshore Services Cayman Islands Introduction Facts Legislative framework Decision Comment Introduction The Cayman Islands Court of Appeal decision in In the matter of the Herald Fund SPC (in official liquidation)(1) has provided some clarity […]

Cayman Islands: Cayman decision of Herald Fund SPC

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Article by Lachlan Greig, Marc Kish and Joanne Verbiesen, Harneys From mondaq Investors’ claims for unpaid redemption proceeds in winding up of Cayman Islands investment funds Introduction The Cayman Islands Court of Appeal decision in In the matter of the Herald Fund SPC (In Official Liquidation)1 has provided some clarity on the ranking of priority […]

The importance of developing a Caribbean Jurisprudence

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By Sir Lawrence A. Joseph From Barnacle Perhaps the most compelling argument for all Caribbean countries to accede to the Appellate Jurisdiction of the Caribbean Court of Justice (CCJ) is to establish and develop a Caribbean jurisprudence. The term jurisprudence has evolved over the years with varying meanings. In the present context, jurisprudence refers to […]