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, insurance 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 cost-effective.
Led by Richard Annette, who qualified as a Solicitor of the Supreme Court of England and Wales in 1995, was admitted as a Cayman Islands attorney in 2000 and joined Stuarts in 2005. Richard has over 25 years commercial litigation and insolvency experience. The team has acted in a number of the most significant Cayman Islands cases in the past decade. In terms of recent Judgments, those include the leading Cayman Islands decision of Toby -v- Allianz Global Risks US Insurance Company (“Allianz”) in which Stuarts successfully acted for Allianz in a complicated Insurance Policy Avoidance claim and Arnage Holdings Ltd. et al -v- Walkers (A Firm) in which Stuarts successfully acted at first instance in obtaining Summary Judgement as to liability.
The practice has specific expertise in:-
- advising upon Directors duties;
- advising on breach of fiduciary duty and fraud claims;
- advising in connection with Insurance Policy coverage;
- advising in connection with Directors’ indemnification;
- investment fund related litigation;
- insolvency related disputes, presenting and defending Winding-Up Petitions;
- shareholder disputes and derivative actions;
- contractual disputes;
- professional negligence;
- breach of fiduciary duty and fraud claims;
- 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.