Our Regulatory team sits within Campbells’ litigation department and has dealt with some of the largest and most important cases in the jurisdiction. We have a longstanding reputation as the ‘go to’ team in judicial review matters as we are unafraid to take on powerful governmental bodies, having won high profile cases against the Cayman, British and US governments and acted successfully for numerous clients including a former Commissioner of Police and a Grand Court Judge.
Being one of the only firms in the jurisdiction with a wide-ranging regulatory practice, our attorneys have genuine, established regulatory litigation experience and have built a strong reputation in this specialist area.
Our team has extensive expertise in financial services regulation and is engaged in cases with various divisions of the Cayman Islands Monetary Authority, the Financial Reporting Authority, the Department for International Tax Cooperation and the Registrar of Companies.
We have particular expertise in advising with respect to, and successfully challenging, all manner of administrative fines including those issued by the Cayman Islands Monetary Authority (AMLR breaches), the Registrar of Companies (Beneficial Ownership breaches), and the Department for International Tax Cooperation (CRS/FATCA breaches). In addition, we regularly advise clients in relation to Cayman Islands regulatory issues with cross-jurisdictional elements (MLATs, inter-regulator treaty requests, and documentary/evidential production notices).
However, not every regulatory matter has to be, or should be, contentious. We also pride ourselves on giving clear, consistent and commercially pragmatic advice to our clients in all matters in order to avoid the risk of litigation before it develops. As such we regularly advise clients in the background with respect to on-site inspections, preparing management comments on draft inspection reports, final reports, licencing problems, administrative fines and a myriad of other issues.
Similarly, we routinely advise clients on regulatory matters involving other government departments such as the National Pensions Board, the Health Services Authority, Health Practice Commission, Cayman Islands Airports Authority and Ombudsman (data protection) and Freedom of Information Requests. Our team also regularly acts in cross-border matters involving government agencies in various other jurisdictions.
Our recent clients include some of the largest corporate service providers in the jurisdiction, banks (both Class A and B), insurance managers, captives, private individuals, local trading companies and everything in between that finds itself touching the regulatory arena.
Our Regulatory team also works closely with our Compliance and Regulatory Reporting team to ensure our clients receive a “one stop” solution, so that when issues do arise we are well placed to assist.
Representative Cases
Intertrust Corporate Services (Cayman) Ltd. v Cayman Islands Monetary Authority
Acting for Intertrust in reported judicial review and statutory appeal proceedings with respect to CI$4.232 million (+US$5 million) of discretionary fines imposed by the Cayman Islands Monetary Authority and its decision to impose requirements upon Intertrust with respect to, inter alia, its on-boarding and risk rating of clients.
Doctors Express v HM Customs, RCIPS and Chief Medical Officer
Acting as Counsel to three companies which were the subject of regulatory and enforcement action taken by the medical regulatory authorities, HM Customs and Excise and the Police in applying for, obtaining and executing a search warrant resulting in, amongst other things, the confiscation of property. Following 17 months of litigation, culminating in a three-week judicial review hearing, all actions by the regulator, HM Customs and the Police were declared unlawful and quashed.
Doctors Express v Director of Public Prosecutions
Acting as Counsel to three companies, which were the subject of regulatory enforcement (see above), in respect of the Director of Public Prosecutions’ decision not to criminally charge certain government employees in respect of their evidence and other matters in relation to the trial set out above.
A Corporate Services Provider v the Registrar of Companies
Acting as Counsel to a large corporate services provider in respect its appeal against a seven figure fine for alleged breaches of the Beneficial Ownership Regime, resulting in no fine being issued.
A Global Advisory, Corporate and Trustee Firm v Registrar of Companies
Acting as Counsel to a large corporate services provider in respect its appeal against a large fine (of nearly four times its annual profit) for alleged breaches of the Beneficial Ownership Regime, resulting in no fine being issued.
Captive Insurance Company v Cayman Islands Monetary Authority
Acting as Counsel to a large multi-national captive insurance company with respect to an inter-regulator request for the production of hundreds of thousands of confidential documents pursuant to an international treaty request. The final judicial review hearing resulted in a revised production request which was significantly narrowed and more reasonable in terms of what was necessary to produce.
An Investment Manager v Department of International Tax Cooperation
Acting for a multi-national investment manager with respect to a large fine for breaches of the CRS/FATCA filing requirements in the Cayman Islands, resulting in the fine being reduced by more than half.