Cayman ISLANDS Law and Practice Contributed by: Sam Dawson, Peter Sherwood and Denis Olarou, Carey Olsen
• Legal advice privilege, which applies to con- fidential communications between the legal advisor and their client made for the purpose of giving or receiving legal advice. • Litigation privilege, which applies to confi- dential communications between a client or legal adviser and a third party, which came into existence after litigation started or was contemplated, for the dominant purpose of giving or receiving legal advice or preparing evidence in connection with that litigation. In addition to the heads of privilege outlined above, “without prejudice” privilege may arise in the context of communications created in a bona fide effort to settle a dispute. If the party considers a document to be rele- vant but privileged, it must still list it in its list of documents (albeit listing by category description is generally accepted), but it is not required to allow the other party to inspect the document or take copies of it. Documents may be redacted where they are partially privileged. In principle, a claim to privilege over a particular document may be challenged in court, but this is not a straightforward undertaking. 5.6 Rules Disallowing Disclosure of a Document A party is not required to disclose a document if it would tend to incriminate that party or if dis- closure of the document would be detrimental to the public interest. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief A wide variety of injunctive relief may be obtained from the Cayman Islands courts, including the following.
• Freezing orders (both domestic and world- wide) are available, both in aid of proceedings in the Cayman Islands and in aid of foreign court and arbitration proceedings. A freezing order restricts a party’s ability to deal with its own assets in order to prevent the improper dissipation of those assets before judgment, and it is usually coupled with an asset dis- closure order to help the plaintiff identify the respondent’s assets and police the freezing order. • Prohibitory and mandatory interim injunc- tions, including proprietary injunctions, are likewise available. Prohibitory injunctions restrain a party from taking a particular step, whereas mandatory injunctions require it to take specific action. • Anti-suit injunctions, which restrain foreign legal proceedings, may be obtained. In certain circumstances, injunctive relief may be granted without notice to the respondent. However, the respondent always has a right to have the matter heard inter partes at the earliest convenient date. 6.2 Arrangements for Obtaining Urgent Injunctive Relief If the urgency is genuine and properly explained to the court, an application for injunctive relief may be heard and granted the same day. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief is available on an ex parte basis. Indeed, this is the usual basis on which freezing injunctions are granted. However, once the relief is granted ex parte, the respondent will have an opportunity to challenge the order at an inter partes hearing.
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