Cayman Islands Grand Court Judge, Mr. Justice Robin McMillan recently attended the Transcontinental Trusts Conference in Geneva, Switzerland, representing the Cayman Islands Judiciary. The conference which took place on 12-14 June 2017 was attended by lawyers and Trust service providers from around the world. It was the 32^nd year of this event.

In his address on Cayman Islands case law, Justice McMillan highlighted 3 recent decisions of the Grand Court which had foreign litigation aspects.

The first case concerned a successful application by a Trustee for sanction to defend English proceeding. Conversely the second case concerned a successful application directing a Trustee of a STAR Trust not to submit to the jurisdiction of the English Courts or to provide further confidential information to the parties to the English proceedings. The third case concerned a Ruling of the Grand Court to replace a current Trustee with a Trustee both able and willing to act expeditiously in US proceeding when it was expedient to so. All 3 Judgments were anonymised by order of the Court.

Justice McMillan invited the attendees to consider whether the decisions showed a willingness and a disposition on the part of the Cayman Islands Courts to act in a protective, and arguably in an assertive, manner when the interests of Trustees, beneficiaries and Trust assets might require it.

Justice McMillan raised for consideration whether the Judgments demonstrated an overarching judicial philosophy in the context of particular issues and circumstances. Justice McMillan also cited certain passages from the STAR Trust decision confirming that for such a Trust the beneficiaries had no standing to enforce the Trust at all, such rights being vested in the Enforcer, who had a sole right to information from the Trustee. This in turn gave rise to further discussion amongst the conference attendees themselves as to the respective responsibilities of both courts and regulators in the modern world.

Photo: Supplied by HSM Chambers

Photo caption: Grand Court Judge, Mr. Justice Robin McMillan