HSM LAW
Navigating Shareholder Disputes: Winding Up on ‘Just and Equitable’ Grounds in the Cayman Islands
Shareholder disputes can arise from a variety of causes ranging from mismanagement and lack of transparency to personal fallouts among business partners. These issues are particularly acute in privately held companies, where relationships often blur the line between personal and Read more +
The Grand Court Reaffirms the Foundational Importance of Pleadings in Civil Litigation
Highlighting a recent case in the Cayman Islands, [2025] CIGC (FSD) 44 – Re Rasmala Trade Finance Fund (2) (“Re: Rasmala Trade Finance Fund (2)”), HSM Partner and Head of Litigation Kerrie Cox covers an important and often overlooked distinction Read more +
Vote HSM! Best of Cayman Islands 2025 Awards
We are proud to share that HSM has been nominated for the following Best of Cayman Islands categories: Immigration Law, Family Law, Divorce Law, Law Firm, Estate Law, and Immigration Services. Thanks to your support we won Gold in 2023 Read more +
HSM Response to Term Limits for Non-Caymanian Civil Servants
On 22 May 2025, the Government of the Cayman Islands published their intention to introduce term limits for non-Caymanian civil servants in the Cayman Islands. Civil servants have always been excluded from term limits. As such, these changes will require Read more +
Aspects of Law Relating to Border Control Found to be Incompatible with Bill of Rights
On 8 October 2020, the Court of Appeal of the Cayman Islands, affirmed the earlier Judgment of Williams J in finding that Section 82 of the Immigration Law (2015 Revision) and Section 109 of the Customs and Border Control Law, 2018 are incompatible with the Cayman Islands Bill of Rights.
The Judgment in the case of Ellington v Chief Immigration Officer, in which Mr Alastair David of HSM Chambers represented Mr Ellington both before the Grand Court and Court of Appeal of the Cayman Islands made it clear that the previous Law in respects to Prohibited Immigrants and its current incarnation are incompatible with the Bill of Rights and in particular the right to the family and private life.
It is hoped that this decision will lead to a much needed change in the Law which will lead to clarity in how the relevant authorities deal with Prohibited Immigrants. The Court of Appeal noted with some concern that there are no directives or rules governing Prohibited Immigrants and it is hoped that this will also be addressed shortly. Furthermore, it is also hoped that at the same time thoughts can be given to amending other sections of the Immigration Law which may be incompatible with the Bill of Rights.
Click here to read more details on The Effect of Ellington v Chief Immigration Officer of the Cayman Islands.