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Hector Robinson QC

Hector Robinson QC

Cayman Islands
Partner

Jessica Vickers

Jessica Vickers

Cayman Islands
Senior Associate

Interpretation of the Cayman Islands' firewall provisions in the Trusts Act (2021 Revision) – The Stingray Trust

[Dynamic date]

01 April 2021

The decision in Stingray Trust is the latest in a line of recent case law considering the effect of the Cayman firewall provisions in the Cayman Islands Trusts Act (2021 Revision) (the Act). The Grand Court of the Cayman Islands (the Cayman Court) determined that section 90 of the Act does not confer exclusive jurisdiction on the Cayman Islands courts to determine issues of validity arising under trusts governed by Cayman Islands law. Accordingly, in a case for the determination of the validity issue, section 90 of the Act does not abrogate the English common law principles of forum non conveniens on the question of whether a foreign court, applying Cayman Islands law to the validity issue, is a more convenient forum for determining the issue than the Cayman Islands courts