Hardwicke’s Paul Reed QC and PJ Kirby have just concluded an appeal before the Cayman Islands’ Court of Appeal presided over by Chadwick LJ. Paul and PJ were originally instructed on behalf of the intervener – the Cayman Islands Insurance Association but were subsequently briefed to appear on behalf of the Attorney General, who was the appellant. The appeal concerned the lawfulness of conditional fee agreements in the Cayman Islands and involved a detailed consideration over 2 days of the law from a wide range of common law jurisdictions from the 13th century up to the decision of the European Court in the Naomi Campbell case. The Court of Appeal reserved its decision. The decision is likely to have a wide ranging impact on the law in relation to CFAs in those jurisdictions where the common law position prevails.
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