COMMERCIAL LITIGATION
We represent clients in complex, cross-border, corporate disputes before the Cayman Islands Courts.
We are experienced advocates and are well known to the Cayman Islands Courts.
Our lawyers act for a diverse client base including leading international accountancy practices, onshore law firms, financial institutions, insolvency practitioners, listed companies, hedge funds, pension funds, entrepreneurs, litigation and liquidation funders, and directors and shareholders in Cayman Islands companies.
As we are solely focused on litigation and regulatory law, with no transactional departments, and are not part of a global network, we are almost wholly conflict free.
Our fees
We operate a lean business model which allows us to provide better value for money than many of our competitors. We are committed to transparent communications with our clients, including about our fees.
In instructing Claritas, you will have the benefit of many years of litigation experience gained at leading firms in the Cayman Islands and London, without paying for the overhead carried by a global firm.
Since 1 May 2021, Cayman Islands lawyers in civil litigation have been allowed to work on “no win no fee” arrangements, including: conditional fee agreements (whereby lawyers are paid an hourly rate plus a success fee if the claim succeeds); and contingency fee agreements (whereby lawyers are paid a percentage of recoveries if the claim succeeds).
We are happy to consider these arrangements in appropriate cases, to ensure that our economic interests are aligned with those of our clients. We are also happy to consider fixed or capped fees, or hybrid arrangements, as alternatives to the traditional hourly rate model.
We are able to leverage our relationships with third party litigation funders to arrange third party litigation funding for appropriate matters.
We have put together some information about the litigation funding options available in the Cayman Islands here.
Practice areas
Our key practice areas include:
Fraud and asset tracing
We have vast experience of obtaining, and defending applications for, emergency relief, including injunctions (freezing and otherwise), disclosure orders and the appointment of receivers and provisional liquidators.
Given our financial crime and regulatory expertise, we are particularly well positioned to act in disputes involving allegations of fraud, corruption and misconduct, where our clients benefit from the insights of a former senior prosecutor.
Shareholder disputes
We regularly act for shareholders in Cayman companies, including hedge funds, listed companies, joint venture companies and start-ups. Often, their first question is how they can get information about the company and its operations. We have put together some information about this which is available here.
We often advise on remedies for minority shareholder oppression, including the appointment of inspectors, receivers and liquidators and the availability of derivative claims. We have petitioned successfully for the winding up of companies on the just and equitable ground.
Investment fund disputes
Our lawyers have acted on many occasions for investors in Cayman Islands hedge funds and private equity funds, who have become frustrated with the manager’s conduct of the business of the fund. We have successfully petitioned for the winding up of such funds, on the just and equitable ground, on insolvency grounds and, in the case of closed-ended funds, on the ground that the term of the fund has expired. On many occasions, we have been able to negotiate a satisfactory outcome with fund management, saving our clients the expense of commencing litigation.
Onshore litigation and arbitration support
We have worked closely with lawyers in jurisdictions including the US, the UK, Hong Kong, the PRC, Latin America, Europe and elsewhere to obtain interim relief from the Cayman Islands Court in support of litigation and arbitration overseas. Such relief may include asset freezing injunctions, the appointment of receivers, or disclosure orders. We work as a team with our client’s onshore lawyers to co-ordinate the many moving pieces involved in cross border litigation. We generally find that the Cayman Islands Courts are sensitive to the needs of cross border litigants and will grant urgent hearings and confidentiality orders where required.
We also advise regularly on the enforcement of foreign judgments and arbitral awards in the Cayman Islands.
Merger litigation and share valuation
We have deep experience of merger appraisal litigation under section 238 of the Companies Act of the Cayman Islands. Our lawyers have acted for the companies in some of the most important cases in this developing and important area of Cayman Islands law.
