The Cayman Islands merger regime contains appraisal rights for dissenters (under s.238 of the Companies Act) permitting shareholders who dissent from a merger to apply to the Court to determine the fair value of their shares. Appraisal litigation is a relatively new and evolving area of jurisprudence in the Cayman Islands involving complex valuation evidence and bespoke procedural rules.
Our Appraisal Rights Litigation team has unparalleled experience and market knowledge in this area having been involved in the initial legislative drafting process of the Cayman Islands statuary merger legislation and the seminal cases that created the bedrock of the s.238 jurisprudence through to the most recent cases. Our experience enables us to assist companies in successfully navigating and defending this, typically aggressive, litigation.
Our team acts solely company side in appraisal litigation and has appeared in more appraisal trials than any other Cayman Islands firm.
Recent and past cases include:
