Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
Partner
London, Cayman Islands, British Virgin Islands
Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.
Services
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Sectors
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Legal
Corporate and Fiduciary
Consulting
Banking and Finance
Corporate
Dispute Resolution
Employment law
Intellectual Property
Investment Funds
Listing services
Local Legal Services
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.
Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.
Fresh thinking, sharper opinion.
We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone.
About us
Corporate social responsibility (CSR)
Diversity, equity and inclusion
Information security
Innovation
Sustainability
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
Insight
05 August 2020
Cayman Islands, London
Team: Marc Kish, Victoria King
ON THIS PAGE
Where a potential judgment debtor in "onshore" proceedings threatens to dissipate its assets, the plaintiff may face a Pyrrhic victory with no assets against which to enforce its judgment. Where the defendant is a Cayman company or has assets in Cayman, the Cayman Court has a statutory jurisdiction to grant a freezing injunction in aid of those foreign proceedings, which can extend to the worldwide assets of the defendant.
An application may be made ex parte on short notice to the defendant or, in exceptional cases, with no notice. The Cayman Court also has the jurisdiction to appoint receivers in support of the injunction where there is a need to ensure the proper management, preservation or exploitation of the defendant's assets.
The plaintiff must establish that:
In order to seek the ancillary appointment of a receiver, the plaintiff must also show that:
The appointment of receivers is a more intrusive remedy, more expensive and less reversible than the granting of an injunction. The receivers are not the agents of the plaintiff, but agents of the Court with a duty to act independently to preserve assets. Similarly, the freezing injunction does not create any security right for the plaintiff, nor rewrite insolvency laws to give the plaintiff priority over other creditors.
However, it does provide the plaintiff with access to information as to the status of the assets and the best prospect that they will remain in place until the plaintiff can enforce its judgment.
Ogier has acted on numerous injunctions in support of both foreign and domestic proceedings. For further information please reach out to your usual Ogier contact.
Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
Partner
London, Cayman Islands, British Virgin Islands
Contact Jeremy
Back
Marc Kish
Partner | Legal
Cayman Islands
Partner
Cayman Islands
Contact Marc
Back
Victoria King
Senior Associate | Legal
Cayman Islands
Senior Associate
Cayman Islands
Contact Victoria
Back
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm