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Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands

Jeremy Snead
Partner
London, Cayman Islands, British Virgin Islands
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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.
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
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