At Nelson & Co we have a well established and highly regarded Litigation, Insolvency and Dispute Resolution department, with a foremost reputation for high quality service and results.

Our litigation attorneys are committed to providing practical and cost-effective solutions, and to deliver a personal and approachable service. Our focus at all times is the objectives and expectations of our clients.

In domestic matters or those with an international dimension our lawyers’ down to earth style and ability to see the bigger picture enable us to obtain the best possible results for our clients.

All our litigation attorneys are highly respected and dependable courtroom advocates of at least 10 years standing, with extensive experience in all tiers of the Cayman Islands Courts. Cases handled by our litigation team are regularly reported in the Cayman Islands Law Reports.

With expertise and experience in handling disputes across a wide range of areas, we have acted in some of the largest and most complex cases to come before the Grand Court of the Cayman Islands, regularly representing and advising:-

·       Cayman Islands and international corporations and organisations;

·       government entities and state bodies;

·       financial institutions and insurance companies;

·       professional organisations; and

·       private individuals.

 

Our practice areas include:-

·       Contentious Trusts and Estates

Trust disputes frequently arise in the Cayman Islands, often involving corporate entities and high net worth individuals. Our litigation team is well equipped to assist professional trustees, settlers and beneficiaries, and have particular experience in disputes which have a cross border dimension. Our litigation attorneys are well placed to assist with directions applications pursuant to s 41 of the Trusts Law, obtaining proprietary injunctive relief or to advise generally in respect of the unique features of this area in the Cayman Islands legislation, such non-charitable purpose trusts (known as STAR trusts after the 1997 enacting legislation)

·       professional negligence

With the collapse of many funds following the economic crash in 2007 allegations of professional negligence against financial services providers, particularly in respect of audits, has been an area of recent growth in litigation. The fall-out from major international fraud and financial scandal, particularly in response to the exposure of Bernard Madoff, has also highlighted the necessity for specialist legal representation interested parties in the Cayman Islands, often with a cross-jurisdictional perspective. Our litigation team is able to work closely with experts and attorneys around the globe on behalf of our clients in these complex disputes.

·       corporate and shareholder disputes

The litigation team is well placed to support our corporate services entity, Maricorp, in representing our corporate clients where internal disputes arise. Our attorneys also accept instructions on behalf of aggrieved shareholders.

·       director malfeasance and breach of fiduciary duties

The minimum standards of behavior  which the Cayman Islands courts expect of directors in respect of their role and duty to exercise independent judgement, reasonable care, skill and diligence and to act in the interests of the fund, were emphasized in the 2011 case of  Weavering Macro Fixed Income Fund Limited (in liquidation) v Stefan Peterson and Hans Ekstrom where the court made an award of US$111 million against the directors. Our litigation team is able to assist both directors and other interested parties where disputes arrived, and frequently appear before the Financial Services Division of the Grand Court in such cases.

·       Commercial litigation

Nelson & Co has many years of experience representing businesses in contractual and commercial disputes . Our attorneys are always mindful of commercial realities and the time sensitive nature of commercial disputes, and seek to provide practical, cost sensitive advice and representation to assist our clients to speedy and satisfactory resolutions, allowing our clients to get back to doing business.

·       Cross Border insolvency

This has been a significant growth area since 2007. With expert knowledge of the Companies Law, the Winding Up Rules and the applicable jurisprudence, Our litigation attorneys are able to represent liquidators and interested parties in the Financial Services Division of the Grand Court from the issuance of a statutory demand, through to the distribution of assets. We also provide representation where the liquidation has an international perspective.

·       Fraud and Asset tracing

Nelson & Co frequently represents trusts, commercial entities and high net worth individuals in matters concerning allegations of fraud. Our litigation team has also worked with banks in cases where the fraud allegation has a cross-border element, with litigation in several jurisdictions. Our team understands the imperative of being highly responsive and reactive in such matters, whether our instructions are to seek or challenge injunctive relief, or to obtain recognition and enforcement of overseas judgments and orders.

·       Insurance and medical malpractice

Our litigation attorneys have years of experience advising and representing local insurers, assisting with personal injury and employer’s liability claims. We also are experienced in both Plaintiff and Defendant medical negligence work.

·       Financial Crime

Our litigation associates have particular experience in all tiers of the Cayman Island’s criminal courts, and can provide specialist advice and representation in all matters concerning the Cayman Islands Anti Money Laundering and compliance legislation and regulations. Our attorneys are able to assist those effected by restraint orders, freezing orders or criminal pursuant to the Proceeds of Crime Law, or those who may be subject to civil recovery or confiscation. We are also able to assist in matters concerning the anti-corruption law, or issues arising from requests from overseas enforcement agencies (such as the SEC) for mutual legal assistance.

·       Arbitration and mediation

Our attorneys are able to assist in disputes where alternative dispute resolution is mandated or agreed by the Parties. It is an area where growth is expected following the commencement of the latest revision of the Arbitration Law in July 2012 and the increased use of mediation or arbitration clauses in commercial contracts.

·       Public Law

The attorneys in our litigation department have considerable experience representing applicants and respondents in Judicial Review proceedings. Whether client is a public body,  a private individual or corporate entity, our attorneys work closely with clients to protect their interests.

We also accept instructions in a wide range of local matters, to including immigration, contract and common law litigation, criminal litigation and property disputes.