Appleby-Website-Dispute-Resolution-Practice
4 Sep 2025

Send in the Troops? Proportionality, notice and the appointment of joint provisional liquidators in the Cayman Islands

A recent Judgment of the Grand Court of the Cayman Islands offers a valuable reminder to aggrieved shareholders and creditors seeking to investigate potential wrongdoing and fraud. Harriet Ter-Berg and Luke Burgess-Shannon of Appleby’s Dispute Resolution Practice Group assess the decision, particularly as it relates to the appointment of joint provisional liquidators, ex parte (without notice) applications and the implication of available alternative remedies.

Appleby-Website-Guernsey2
3 Sep 2025

The Guernsey notary

Notaries in Guernsey provide a vital layer of legal assurance: verifying identity, authority, capacity, and the authenticity of documents to ensure their acceptance abroad. Across the world, notarial acts have long been recognised as evidence of due execution and reliability.

Appleby-Website-Residential-Property-Caribbean
1 Sep 2025

A Guide to Transferring Shares in a Local Company

The Cayman Islands has a well-established legal framework for companies carrying on local business.  This article outlines the key practical steps for transferring shares in a so-called local company, focusing on legal requirements, licensing and ownership considerations, and share transfer tax applicable to land holding companies.

Appleby-Website-Dispute-Resolution-Practice
28 Aug 2025

Acting Without Standing: Risks in Litigation

A recent judgment handed down by Mithani J in the Commercial Division of the High Court, in the Eastern Caribbean Supreme Court in ATH v UGX, THA & Ors provides useful guidance for legal practitioners and estate administrators on the rules regarding the administration of BVI estates and related questions of standing. The parties’ names are anonymised in the judgment to preserve their confidentiality.

Website-Code-Mauritius-1
27 Aug 2025

The Mauritian National Budget 2025/2026 - From abyss to prosperity: Rebuilding the bridge to future

On 05 June 2025, Dr Navinchandra Ramgoolam GCSK, FRCP, Prime Minister of Mauritius, in his capacity as Minister of Finance (Minister of Finance) tabled the National Budget for the fiscal year 2025-2026 under the theme “From Abyss to Prosperity: Rebuilding the Bridge to the Future”.

Appleby-Website-Employment-and-Immigration
26 Aug 2025

Walking the Tightrope of Restrictive Covenants

Restrictive covenants in employment agreements can often be a tightrope for employers. Ideally, those restrictive covenants would be as broad as possible. However, in order to be enforceable, any restrictions must go no further than is reasonable for the protection of the employer’s business. This article explores the different types of restrictive covenants, the factors that are taken into consideration by courts in enforcing them and the importance of choosing the language of restrictive covenants carefully to minimize the chances of ending up in court.

ICLG Fintech 21 cover
26 Aug 2025

Insights from the BMA’s Discussion Paper on Responsible Use of Artificial Intelligence in Bermuda’s Financial Sector

The Bermuda Monetary Authority (BMA) recently published a discussion paper on 30 July, 2025: The Responsible Use of Artificial Intelligence in Bermuda’s Financial Sector (Discussion Paper), which provides an overview of Artificial Intelligence (AI) applications, an assessment of global regulatory approaches, sector-specific risks and opportunities presented by AI and an outline of potential pathways for developing an appropriate regulatory framework.

Appleby-Website-Insurance-and-Reinsurance
25 Aug 2025

Bermuda – Influential Women in Hamilton: Melinda Mayne

Insurance companies in Bermuda are more open to discussions on diversity and inclusion, though there’s still work to be done, says a senior associate at Appleby.

Appleby-Website-Dispute-Resolution-Practice
21 Aug 2025

Hong Kong and Australian courts recognise principles of segregation in Cayman SPCs

In two recent judgments, Tjin Joen Joe, Andy Tsjoe Kong and another v Oakwise Value Fund SPC [2025] HKCFI 1281 (Oakwise Value Fund) and Cowan, in the matter of Coinful Capital Fund, SPC (in Official Liquidation) [2025] FCA 315 (Coinful Capital Fund), the High Court of Hong Kong and the Federal Court of Australia have recognised fundamental principles underpinning the Cayman Islands segregated portfolio companies (SPC) regime.

Appleby-Website-Arbitration-and-Dispute-Resolution
18 Aug 2025

Mauritius as an Ideal Seat for Arbitration

In one of its recent determinations, the Mauritian Supreme Court re-affirmed a line of decisions which confirmed its support to arbitration, whether international or domestic. These determinations reflect its understanding of the needs of business community, characterised by a marked choice to resolve disputes through a private mechanism to allow existing business relationships to thrive.