Why Topenga Litigation.
Topenga Litigation provides strategic advocacy, representation and advice in complex contentious trusts, insolvency, regulatory, executive employment and high-stakes commercial disputes.
Why Cayman Litigation Matters.
The Cayman Islands is one of the most important offshore jurisdictions for international litigation. Of the key jurisdictions, Cayman has perhaps the most liberal policy regarding the admission of overseas counsel. The judiciary have been largely supportive of this policy because they like to have the benefit of the advocacy of the most experienced and skilled counsel in the most complex cases.
The size of the cases and the amounts in dispute, or at stake, also very often justify the costs of instructing leading overseas counsel.
There is also a relative dearth of local practitioners who have the desire or inclination to take on advocacy responsibilities. This is in part due to the history of legal practice in the Islands whereby the law firms tend to recruit solicitor-type lawyers who are good at case and client management, recognising that there is always the opportunity to instruct overseas counsel whenever the need arises.
Costs & Practical Considerations
The Cayman judiciary have recently set guidelines for admission of overseas counsel, now effectively limiting such admissions to King’s Counsel or equivalent, unless there are exceptional circumstances. There have been repeated references in the court’s recent rulings that, even with respect to the admission of King’s Counsel, the court will not simply rubber stamp an application, and a genuine case for admitting overseas counsel must be made out on every application.
There is also the question of costs recovery by the client. Under the current rules, costs are not recoverable for work done by overseas counsel unless and until they have been admitted to appear in the case. This means that, invariably, even when London counsel are admitted, there will be fees and costs incurred for obtaining the advice of London counsel, or by London counsel assisting with the drafting of statements of case and witness statements which the client will not recover. Costs are also not recoverable for travel and accommodation expenses for counsel who travel to Cayman.
These matters are compounded by the Legal Services Act has now explicitly made it a criminal offence to hold oneself out as providing legal services in respect of Cayman Islands law without being admitted to do so by the Cayman Islands court.
Why clients choose Hector
In Hector Robinson KC, clients and intermediaries will have the benefit of experienced and highly competent legal counsel, respected by the judiciary and his colleagues, without limitation as to costs recovery and the type of matter in which he can appear.
He has the additional advantage of having practised in Cayman for over 26 years with a deep knowledge of the courts, the rules, the practitioners and the jurisdiction generally. A number of the partners now occupying senior positions in the local law firms have previously benefited from his mentorship, guidance and collegiality.
Representative Instructions
He has recently advised on matters arising from instructions received directly from, or referred by, leading international law firms, fiduciary businesses and commercial organisations, including Alexiou Knowles, Cable & Wireless, Cititrust, Clifford Chance, Dentons, Faegre Drinker and Suntera Trust.
Let's Start the Conversation
Whether you are facing a dispute, exploring strategic options or seeking a second opinion, we welcome the opportunity to speak with you.