Snapshot: management meetings confirmed as being integral in section 238 proceedings

The Grand Court of the Cayman Islands has again emphasised the central role that experts play in section 238 proceedings and that it is integral to the process to allow them to meet with management to gather information that they consider to be relevant. In a recent decision in eHi Car Services Limited, Justice Parker ordered the Company to convene a management meeting at the request of the Dissenters’ expert, despite the Company’s protestations that it was not reasonable, proportionate or necessary to do so.

Related briefings

Snapshot: Enforcement of foreign arbitral awards in the Cayman Islands

Foreign arbitral awards may be enforced relatively quickly and easily in the Cayman Islands and the Cayman Islands courts are willing to assist with the recovery of judgment debts. This Snapshot provides an overview of the recognition process and the steps that are then available for enforcement.

Jersey Royal Court concludes there is no substratum rule that applies to Jersey trusts

The Royal Court has recently clarified the Jersey law position of whether a trust is able to lose its substratum. Following analysis of the recent decision of the Bermuda Court of Appeal in Grand View Private Trust Company Limited v Wong & Ors, the Royal Court concluded that there was no substratum rule which applied to Jersey trusts and that powers of addition or exclusion contained within Jersey trusts should be given their natural meaning.

Why investing in business support services is the key to resilience for modern law firms

People are the most important asset in the legal industry and for a modern law firm; this doesn’t just mean attracting and supporting the very best fee-earning talent. Highly skilled administration, human resources, IT, facilities, business development, management and marketing teams have just as great a role in keeping firms competitive.

Fund finance: regional perspectives and updates

Ogier’s cross-jurisdictional fund finance team has experts located in our Cayman Islands, BVI, Guernsey, Jersey, Hong Kong and Luxembourg offices. The global fund finance market has shown much resilience over the last 18 months and as we head into the last few months of 2021, our team offer their thoughts and insights on what we are seeing in each of our regions.

Jersey: At a Glance guide to the appointment of trustees

The power to appoint trustees is often contained in the trust deed and is commonly granted to either the trustee of the trust from time to time, or a third party such as the settlor or protector of the trust. Whoever has the power to appoint new or additional trustees must take into account a variety of factors.

Latest Briefings

Portugal: Rent updating coefficient to apply in 2022

Under article 24 of Law 6/2006 of 27 February, which approved the New Urban Renting Rules, and article 11(5) of Decree-Law 294/2009 of 13 October, which approved the New Rural Renting Rules, the National Statistics Institute is responsible for calculating the annual rent update coefficient applicable to urban and rural leases. This coefficient must then be published in a notice appearing in the official gazette, Diário da República, no later than 30 October of each year.

How will costs be treated in a no-fault divorce?

At the end of this month, court fees are increasing. The change is the result of a consultation led by the Ministry of Justice earlier in the year which considered whether court fees should be increased by inflation.

Limited network exemption under PSD2 – EBA consults on Draft Guidelines

In summer 2021 the European Banking Authority published Draft Guidelines on the limited network exemption under the Payment Service Directive 2 for consultation. The Draft Guidelines are meant to foster supervisory convergence amongst the EU’s national competent regulators.

Energy Innovators Roundtable series: Reshaping regulation to recognize the imperative for technological change

Whether they like it or not, energy regulators are the new gatekeepers of the technology shift that is needed to meet Canada’s carbon reduction goals. This will require significant and near-term changes to the construct under which Canada’s utilities have traditionally been regulated. Traditional regulation doesn’t incent utilities to retire technology simply because something better has come along. Should regulation transition from “used and useful” to “better”? Join Gowling WLG for the first 2021 roundtable in the Energy Innovators Roundtable series.

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