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This guide to Guernsey dispute resolution and litigation
includes commentary on litigation funding, initiating a lawsuit,
statutes of limitations, representative or collective actions,
pre-trial litigation proceedings, discovery, injunctive relief,
settlement, damages, appeals, litigation costs, alternative dispute
resolution (ADR) and arbitration.
General
General Characteristics of the Legal System
Please describe the general characteristics of your
country s legal system. For example: is it based on civil law
or common law? Does it follow an adversarial or inquisitorial
model? Is the legal process conducted through both written
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This guide to Bermuda dispute resolution and litigation includes
commentary on litigation funding, initiating a lawsuit, statutes of
limitations, representative or collective actions, pre-trial
litigation proceedings, discovery, injunctive relief, settlement,
damages, appeals, litigation costs, alternative dispute resolution
(ADR) and arbitration.
General
General Characteristics of the Legal System
Please describe the general characteristics of your
country s legal system. For example: is it based on civil law
or common law? Does it follow an adversarial or inquisitorial
model? Is the legal process conducted through both written
What are the major developments in the Cayman market this
year?
While not necessarily related to COVID-19, 2020 saw continued a
number of changes in the offshore market, with the global trend
being towards increased regulation and supervision. For Cayman,
that trend was particularly noticeable in the economic substance
regime and new legislation requiring the registration of a large
proportion of fund vehicles. Like other major IFCs, Cayman has
engaged fully in relation to the changes, publishing and updating
guidance notes and posting FAQ and practice notes for the benefit
of investors.
In relation to insolvency work, we have recently seen an
Summary
Whether prosecuting or defending litigation, the associated
costs can be, and often are, significant. Any comfort that
might be drawn from the possibility of recovering an element of
those costs from the losing adversary may be qualified by the risk
of that losing party ultimately being unable to pay. For
those reasons, applying for security for costs, by which a party is
ordered to make a payment into court, or provide some form of
guarantee, as security for its opponent s costs, will be a
consideration for many litigants, and litigators, at some stage in
the life of a claim.
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Following a lengthy and industry wide consultative process, the
Canadian Construction Documents Committee (CCDC) has recently
issued a new CCDC 2 (2020) Stipulated Price Contract. The revised
CCDC 2 has attempted to address some of the more significant
changes that have taken place in the construction industry since
its last version published in 2008.
As an example, as prompt payment and adjudication comes into
play across the country there was a need to update CCDC 2 to better
align the commonly used contract document with industry practices
and legislated requirements.