Dispute Resolution &
Corporate Recovery

"The lawyers in this group have developed a sound reputation for a commercially realistic and pro-active approach to dispute resolution."
Chambers Global 2007

Corporate Recovery and Insolvency

This is a significant work area within the Dispute Resolution department and the lawyers working in this team are widely regarded as some of the leaders in this field in Cayman. Our reputation is for dedication to providing timely, client focused, bespoke solutions that are commercially realistic and proportionate. We are a team of very experienced lawyers from both contentious and non-contentious backgrounds, marrying transactional with insolvency and re-structuring expertise.

We advise in relation to solvent restructurings, liquidations and regulatory appointments, usually with multi-jurisdictional aspects.  The team also advises on collateral issues arising out of insolvency and restructuring such as continuing operation options, fiduciary duty claims, creditor claim processes and disputes, liquidation committee formation, duties and functions, and funding resources for liquidators.

We have also worked on creating Schemes of Arrangement, including in relation to captive insurance mergers, establishing NAVs in Hedge Fund NAV misstatement scenarios and establishing payment timetables for Banks depositor payments.

The majority of our work involves pooled investment vehicles with liquidity and /or solvency issues. We are often instructed by other insolvency practitioners based in the Cayman Islands. In addition, we are consulted by creditors, investors and counter parties concerned about a company’s financial situation or encountering problems with the company's management. We also work with leading US, UK and other offshore law firms dealing with insolvency issues to ensure the clients have access to advice in all necessary jurisdictions.

There are 5 members of the team, 3 with contentious backgrounds and 2 with a transactional work focus.

Examples of the high profile situations in which the Corporate Recovery and Insolvency team have been involved include Beacon Hill, Bear Stearns, Absolute Capital and Sphinx.

Dispute Resolution

'"The lawyers in this group have developed a sound reputation for a commercially realistic and pro-active approach to dispute resolution."
Chambers Global  2007

 

Solomon Harris Dispute Resolution lawyers are business oriented and pro-active in their approach to litigation and dispute resolution that is tailored to meet each client’s goals, efficiently and effectively.

Much of our work involves high profile multi-jurisdictional disputes and our experienced lawyers deal with a broad range of matters, including include asset tracing and recovery, insurance, trust and shareholder disputes, arbitration, conflict of laws issues, service of foreign process and enforcement of foreign judgments.  Solomon Harris also assists with compliance and regulatory matters, property disputes (including strata questions), construction contracts, landlord and tenant, labour disputes and banking and finance litigation for clients both within and outside of the jurisdiction. The firm frequently advises foreign lawyers on matters of Cayman Islands law and Grand Court procedure.

Solomon Harris has well established relationships with other service providers in Cayman and many other jurisdictions, and we regularly work with non-Cayman based lawyers, accountants and other professionals on Cayman aspects of onshore disputes.  We have access to a team of professionals and are capable of handling all manner and size of commercial disputes.

Solomon Harris’ dispute resolution and corporate recovery team consists of 5 attorneys including a very experienced  Queen’s Counsel (Barrister).  Our litigators have many reported decisions to their credit in a variety of matters.  Our litigation team comes to Solomon Harris from diverse common law jurisdictions, including England, Canada, Australia, New Zealand and Jamaica, bringing familiarity with law, precedent, procedure and relationships with relevant service providers that are of great benefit to our clients. The dispute resolution lawyers at Solomon Harris operate in the common law Cayman Islands’ legal system at the highest Court levels, including the ultimate Court of Appeal, the Privy Council in London, England

 Solomon Harris has substantial experience with alternative forms of dispute resolution and actively promotes increased use of dispute resolution through arbitration and mediation where appropriate.