In Thalassa Investments LP [2026] CIGC (FSD) 32, the Grand Court refused an application by limited partner petitioners for specific discovery from the general partner in just and equitable proceedings to wind up a Cayman Islands ELP. The ruling was against the backdrop of serious lack of probity allegations made against the general partner by the petitioners. Notwithstanding those allegations, the Grand Court declined to make orders requiring discovery of various categories of documents to be used at trial. The ruling brings into focus the multiple routes potentially open to limited partners seeking information and/or documents from an ELP where there are allegations of mismanagement by the general partner. The limited partner may issue substantive proceedings (or, as in this case, present a just and equitable winding up petition) against the general partner and partnership, and then obtain documents through the usual discovery process. Alternatively, the limited partner may pursue its substantive right to true and full information under section 22 of the Exempted Limited Partnership Act first in order to help inform the bringing of a substantive claim, as was the approach in the Neoma (Abraaj) and the Port Fund litigation. Thalassa illustrates that the nature of the information sought, who holds it, and the legal basis on which disclosure is sought are all highly relevant to the outcome. The decision also highlights that section 22 and discovery serve different purposes, are governed by different legal tests and can produce different outcomes. The strategic question is not whether section 22 or the discovery process may be preferable in the abstract, but which legal framework best aligns with the limited partner’s objectives and the nature of the information sought.
We live in an era where the world’s economies, populations and cultures are growing interdependently thanks to cross border transactions and Mauritius, as an international financial centre holds an important position in the arena. We pride ourselves in the hybrid legal system that is in place constituting of a blending of both common law and civil law. Such legacy allows us to participate in international transactions, whether in the context of financings, mergers and acquisitions, joint ventures or commercial contracts, without much difficulty. It is therefore common for Mauritian entities to enter into agreements governed by foreign laws. One of the key clauses to the agreements governing these cross-border transactions is the choice of law and the agreed forum for dispute resolutions. This article explores the extent to which a Mauritian party can submit itself to the foreign laws governing international transactions.
Bermuda: Restructuring & Insolvency
This country-specific Q&A provides an overview of Restructuring & Insolvency laws and regulations applicable in Bermuda.
Guide to Loans & Secured Financing in the Cayman Islands 2026
This guide provides local insights into the legal and regulatory framework governing bank lending and finance. It covers key topics including bank loans versus debt securities, common forms of bank loan facilities, bridge financing, the roles of agents, trustees and lenders, and governing laws. It also examines the regulatory landscape, including capital, liquidity and disclosure requirements, the use of loan proceeds, cross-border lending, and interest rate and currency restrictions. In addition, the guide explores security interests and guarantees, the impact of fraudulent conveyance and similar doctrines on bank loan financing structures, intercreditor arrangements, loan terms and structures, and recent market developments.
It’s healthy to sometimes disagree with regulators
At some point, almost every regulated business will disagree with its regulator.
Important for Cayman litigants, funders and attorneys given the growing use of third-party funding in disputes.
A Cautionary Tale in Interim Injunctive Relief: Lessons from Dixon v Seymour
In a recent judgment of Chief Justice Ramsay-Hale, the Cayman Grand Court provided guidance on the necessary components of an application for interim injunctive relief. The ruling illustrates how an ex parte application may fail to satisfy the American Cyanamid test when unsupported by proper evidence.
Bermuda Privacy Commissioner Signals Shift to Stronger PIPA Enforcement
The Office of the Privacy Commissioner (PrivCom) has issued its first annual report since Bermuda's Personal Information Protection Act 2016 (PIPA) came fully into force, with the reports content signaling a transition from education and implementation to a stronger focus on enforcement.
On 30 June 2026, the Judicial Committee of the Privy Council (JCPC) delivered a judgment impacting the domestic and global business sectors in Mauritius.
