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Litigation and Dispute Resolution
The Litigation and Dispute Resolution team provides comprehensive advice and representation in the Courts of the Cayman Islands at every level and focuses specifically on commercial, business and insolvency related disputes.
The majority of work undertaken has an international element including numerous matters connected to the United States and South America.
The Group delivers the highest quality work in all aspects of its engagements and strives at all times to be solution-orientated, pragmatic and highly cost-effective.
Led by Richard Annette, who joined Stuarts in 2005 and has over 20 years commercial litigation and insolvency experience, the team has acted in a number of the most significant Cayman Islands cases in the past decade. Those include having acted in the leading Cayman Islands case on share redemptions (Culross Global SPC Limited -v- Strategic Turnaround Master Partnership Limited) and having acted in the Soundview litigation relating to the impact on Cayman Islands proceedings of the filing of Petitions under Chapter 11 of the United States Bankruptcy Code.
The practice has specific expertise in:-
- investment fund related litigation;
- insolvency disputes, presenting and defending Winding-Up Petitions;
- shareholder disputes and derivative actions;
- advising upon directors duties;
- contractual disputes;
- professional negligence;
- breach of fiduciary duty and fraud claims;
- international trust related disputes;
- obtaining & challenging freezing injunctions in the context of both domestic and overseas proceedings;
- obtaining and challenging disclosure orders;
- obtaining assistance from the Cayman Islands Courts in connection with overseas (U.S.) proceedings; and
- advising on the enforceability of judgments and arbitral awards.
"Stuarts' disputes team is 'technically very strong'. Highlights included advising and challenging the grant of Norwich Pharmacal and bankers trust relief before the Grand Court."Legal 500
"Stuarts' lawyers have savvy business judgement'. The practice acted for the estate of a high-net-worth individual and several corporate plaintiffs, in a claim for the ownership and control of funds that were the subject of a revoked trust. Richard Annette is 'very thorough in his research of contract and case law' and associate Paul Murphy also merits mention."Legal 500
"They were excellent, very responsive, dealt well with foreign law and handled the litigation with aplomb."Chambers and Partners