International / offshore, Commercial disputes, Insolvency, Trusts, probate and estates: contentious, Trusts, probate and estates: non-contentious
Wilberforce Cayman Conference
Tuesday 27 September 2016
The Ritz Carlton, Cayman, Seven Mile Beach,
Download the full timetable here
3.45pm Registration (Refreshments will be served)
4.15pm Welcome and introduction from the Chairman
Michael Furness QC (Head of Chambers)
4.20pm Submission to the Jurisdiction Clare Stanley QC
- Refresher: Enforcement of foreign judgments at common law.
- Discussion: what conduct does/does not amount to “submission” to the jurisdiction of the foreign court?
- Mistaken submission to the jurisdiction of the court and how to fix it.
- Common law waiver of right to challenge jurisdiction, ability to amend / withdraw an acknowledgement of service.
Submission to the Jurisdiction Paper
Disputes over trusts that hold corporate structures
- What can go wrong?
- To what extent can you exclude responsibility for intervening in light of Appleby v Citco (2014, BVI)?
- Using trust company employees as directors.
- Getting information- In the matter of R&RA (2014, Guernsey CA)
Advanced Reading for Workshop 1 (download here)
Workshop 1 Answer Sheet (download here)
Cross border issues in arbitration and insolvency
- Which comes first, the arbitration or the insolvency?
- To stay or not to stay?
- The UNCITRAL model law on insolvency and practical implications.
Advanced Reading for Workshop 2 (download here)
Workshop 2 Answer Sheet (download here)
Breaking Privilege: The Fraud Exception
- What conduct engages the exception: is fraud required?
- How strong a case is need that the conduct took place?
- What communications are covered?
Advanced Reading for workshop 3 (download here)
Workshop 3 Answer Sheet (download here)
6.00pm “The 5 minute Pitch” Chaired by Tom Roscoe
Wilberforce Silks will pick a recent case and attempt in turn to persuade you that it is the most important case from a Cayman perspective. They will have 5 minutes each. Who is the most effective? You, the audience, will decide.
6.25pm Closing remarks from Michael Furness QC
6.30pm BBQ and Drinks Reception