Hostile parties, prospective costs orders and confidentiality: The Cayman Islands Courts’ approach to trust proceedings
By EsqSocial Corporation 10/04/25
For the purposes of determining the incidence of costs under Buckton, the fact that the relief sought is strenuously opposed by a party and comments are traded that some might perceive as "hostile" does not mean that a Category 2 case (i.e. where costs are generally paid from the trust) becomes a Category 3 case (i.e. where the "loser pays"). The Cayman Islands Court sets a high bar for prospective costs orders from the trust fund because of the concerns about fettering the discretion of the...
By: Walkers