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Cayman Islands Case Note: Forum Inconvenient?

February 2011 Nigel K. Meeson QC

In Helmsman Limited and Hotham Trustee Company Limited v Bank Of New York Trust Company (Cayman) Limited [2009] CILR 490, the Grand Court of the Cayman Islands considered an application by the defendant to stay the proceedings on the basis that the more appropriate forum for the trial of the action was England. In considering the application, Mr Justice Henderson provided a helpful analysis of ‘forum for administration’ clauses in trust deeds, and outlined the factors to be considered in deciding forum conveniens issues.

 

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