PRACTICE AREAS

PRACTICE AREAS

McGrath Tonner is a full-service law firm offering cost-effective advice and solutions to the local and international market.

LITIGATION & DISPUTE RESOLUTION

McGrath Tonner’s client base consists of onshore and offshore clients, multinationals, financial institutions and local businesses.

Our team of seasoned litigators provides specialist advice in relation to any and all commercial disputes including, but not limited to, shareholder disagreements, directors’ duties, investment fund disputes, asset recovery and/or contractual claims.

McGrath Tonner provides expert advice to shareholders, directors, creditors, provisional and official liquidators and liquidation committees concerning their respective rights when a company or group of companies is in financial difficulty.

We are particularly knowledgeable with regard to situations in which offshore and/or onshore regulatory bodies become involved (such as where the Cayman Islands Monetary Authority appoints receivers, managers and/or controllers of regulated entities).

McGrath Tonner enjoys an unrivalled reputation for taking on, and winning, personal injury claims.

We possesses a wealth of experience in all types of injury claim, including those instances where injuries are caused by medical negligence, motor vehicle accidents, work place accidents and injuries sustained at both public and private establishments.

McGrath Tonner advises its clients on the appropriate funding arrangement to suit each client’s individual circumstances. We will obtain interim financial payments for our clients wherever possible.

McGrath Tonner has unparalleled expertise in fraud, white collar crime and/or extradition matters.

White Collar

McGrath Tonner’s team of white collar specialists are experts in the strategy, tactics and execution of white collar litigation. We handle cases at any stage of proceedings, from dawn raids up to and including appeals to the Judicial Committee of the Privy Council.

Our advocates have extensive experience in dealing with white collar criminal and quasi-criminal legal issues including allegations of fraud, bribery, corruption, money laundering and/or tax related crime. We regularly advise clients on confidentiality, mutual legal assistance, civil recovery, restraint, confiscation and forfeiture.

Extradition

McGrath Tonner boasts the leading extradition team in the Cayman Islands. We are the first, and so far the only, firm to have successfully challenged extradition requests since the coming into force of the Extradition Act 2003 (Overseas Territories) Order 2016.

We advise clients and their onshore legal advisers, normally at short notice, with regard to possible avenues of opposition such as double jeopardy, statutory time bars, age of criminal responsibility and political or racial victimization.

McGrath Tonner’s attorneys are experts on the accused’s rights under local and international bills of human rights, international treaty provisions and the procedural steps and hurdles associated with this complicated and discreet area of practice.

McGrath Tonner’s expertise in public law, judicial review and human rights enables clients to mount successful challenges to government decisions in such diverse fields as immigration, education, health, law enforcement, planning, financial services, the summary (magistrates) court and the coroner’s court.

Our attorneys have a wealth of experience in this constantly developing area of practice. Benjamin Tonner QC currently sits on the Board of the Cayman Islands Human Rights Commission

We encourage prospective clients to act promptly; the latest time one can bring a judicial review application is normally three months from the date of the decision.

PRIVATE CLIENTS, TRUSTS & ESTATES

McGrath Tonner is adept at providing succession planning and inheritance advice. We listen carefully to our client’s needs before structuring and structuring the necessary legal documents and entities to ensure our client’s wishes are carried out precisely and without incident.

We also act in circumstances where disputes arise after death (such as contested wills) and where foreign orders require enforcement offshore (such as the resealing of Probate and the grant of Letters of Administration).

McGrath Tonner’s attorneys regularly work with lawyers, trustees and other professional service providers overseas in relation to complex, international engagements. We are able to draw upon an extensive network of professional contacts throughout the offshore and onshore legal community as and when required.

McGrath Tonner is pleased to provide advice and expertise to settlors and trustees concerned with the accumulation, management, transfer and disposition of family wealth.

We regularly advise onshore and offshore clients in respect of trust creation and maintenance.

We possess considerable expertise in all varieties of Cayman Islands trusts whether designed for asset protection, succession or charitable purposes and whether structured as fixed, discretionary or STAR trusts.

McGrath Tonner’s team of expert trust litigators handles the entire range of trust and succession disputes. We specialize in the representation of settlors, trustees, protectors, beneficiaries, heirs, creditors and/or spouses in relation to actual or potential litigation.

We frequently act for and against spouses, beneficiaries and trustees involved in contentious matrimonial proceedings in onshore jurisdictions who seek to vary or challenge the validity of Cayman Islands trust structures. In this regard, McGrath Tonner’s contentious trusts litigators work seamlessly with our matrimonial group to provide a first-class service to clients in “big-money” divorce cases.

In addition to prosecuting and defending attacks on trustees and trust structures, McGrath Tonner also advises on the disclosure and confidentiality of trust documents and information, the variation and rectification of trusts, fraud and sham, insolvency and the construction of trust instruments.

McGrath Tonner also advises fiduciaries in relation to money laundering or tax related enforcement issues, particularly with regard to disclosure of information and the enforceability of foreign claims and judgments. We are able to draw upon the expertise of our regulatory and white collar litigators should the need arise.

McGrath Tonner leads the field in Cayman Islands family and divorce law. McGrath Tonner has been involved in most, if not all, of the significant family and divorce cases in the jurisdiction in the last 15 years. David McGrath is a founding member and current president of the Cayman Islands Family Bar Association.

Our attorneys advise local and international clients on all aspects of the breakdown of a relationship including the financial implications and the arrangements in relation to children. Much of the firm’s work involves issues of a complex, international nature and requires us to work in conjunction with other leading family lawyers and experts overseas.

In relation to financial issues, our attorneys have significant experience in advising on pre and post nuptial agreements and separation agreements.

Our attorneys assist with adoption, all children law matters including contact, residence, child abduction, applications to remove children from the jurisdiction and all family related housing issues.

We aim to try and deal with all family issues and disputes expeditiously and economically and wherever possible to try and resolve conflict with the minimum of acrimony. We have trained and experienced mediators amongst our family team.

REAL ESTATE

McGrath Tonner acts for private and institutional clients in relation to the financing, construction, sale and/or purchase of residential and commercial property.

If a property is to be purchased by or through a Cayman company, we will assist and advise in relation to all aspects of the transaction. Where necessary, McGrath Tonner Corporate Services Limited is able to form the necessary entities and structures without delay.

McGrath Tonner regularly acts for vendors and purchasers in relation to the sale and acquisition of residential and commercial property.

Our conveyancing team has excellent working relationships with local banks and real estate agents throughout the Cayman Islands. McGrath Tonner will ensure that all land transactions are conducted efficiently and punctually.

McGrath Tonner’s lawyers are experts in contentious and non-contentious strata (condo) related issues.

We act for a large number of strata corporations throughout the Cayman Islands, particularly in relation to the collection of overdue strata fees and the enforcement of strata by-laws. Examples of the areas in which we provide expertise include:

  • Debt collection actions against owners for non-payment of fees;
  • Rights and duties under strata by-laws;
  • Sale of strata properties;
  • Insurance related disputes; and
  • Nuisance.

At McGrath Tonner, we understand the potential hurdles which clients experience in the development and construction of commercial and residential property and infrastructure projects. We have the expertise to cut through apparently complex, and seemingly intractable, construction disputes between developers, contractors and owners.

CORPORATE

McGrath Tonner’s investment funds department advises fund promoters, investment managers, administrators and investors with regard to the establishment and continued operation of the full range of regulated and non-regulated fund structures.

Although we act for a broad cross section of participants across the global investment funds market, we have developed a niche practice in relation to small to medium sized, closed-ended and private equity funds due to the flexibility and responsiveness of our investment funds team and the competitive prices we are able to offer smaller clients.

The world of financial services and regulatory compliance is in a constant state of change. At McGrath Tonner, we ensure that our clients stay ahead of the curve in order to protect their reputations.

As the powers of regulators increase globally, we can ensure that our clients understand their rights and obligations. Our clients consist of Cayman Islands financial services firms, investment funds, banks, securities firms and insurers.

We enjoy excellent relations with regulators within the Cayman Islands and have the expertise to assist clients who have already fallen foul of regulation.

  • Our experts advise in the following areas:
  • Anti-Money Laundering and the proceeds of crime
  • Bribery and corruption
  • FATCA and CRS
  • Regulatory investigations and prosecutions
  • Confidentiality and disclosure of documents
  • Sanctions
  • Regulation of the financial services sector, including directors
  • Regulation of telecommunications and the internet

At McGrath Tonner we help our clients protect, and leverage, their commercial advantage by safeguarding, and exploiting, their intellectual property rights.

Our IP and technology lawyers regularly advise on all aspects of IP law including patent, trademark and copyright registration, IP enforcement, confidential information and trade secrets and distribution and agency agreements.

Our IP team can draw upon the expertise of lawyers in our corporate and litigation team to supplement and enhance their expertise as required in both non-contentious and contentious matters.

LOCAL BUSINESS

McGrath Tonner has been at the forefront of legal immigration work in the Cayman Islands for over 10 years.

The Immigration Laws of the Cayman Islands are constantly evolving and our team of experienced professionals are fully conversant with all the latest amendments and developments.

McGrath Tonner provides comprehensive and cost-effective legal advice and solutions to both businesses and individuals on a full range of immigration applications and appeals including:

  • Work Permit Applications and Appeals
  • Business Visitor Permits
  • 5 day Visitor Work Visas
  • Permanent Residency Applications and Appeals
  • Right to be Caymanian (Caymanian Status)
  • Naturalization (British Overseas Territory Citizen)
  • Spouses and Dependents
  • Business formation and licensing
  • Notarial Services

Where appropriate, our Immigration team will draw upon the expertise of our company formation or litigation teams to ensure our clients receive a complete service and achieve their goals with minimal inconvenience

At McGrath Tonner we side by side with in house HR teams to advise on every aspect of Cayman Islands labour law including, but not limited to, the following:

  • Contracts of employment, policies and procedure
  • Drafting and enforcement of restrictive covenants
  • Health and safety and fatal accident claims
  • Unfair dismissal
  • Redundancy, termination and severance
  • Immigration issues including work permits and residency
  • Company (re) structuring and formation of new entities

Our dedicated team of professionals ensures that clients are kept fully up to date with recent developments in this dynamic legal area. As and when required, our employment team draws up on the experience of various other McGrath Tonner teams such as our immigration team, our litigation team and/or McGrath Tonner Corporate Services Limited.

McGrath Tonner provides a one-stop solution for the formation and licensing of any kind of offshore or onshore business within the Cayman Islands, including the establishment of a business presence within the Special Economic Zone at Cayman Enterprise City.

For resident companies operating local business, most clients will require a license under the Trade & Business Licensing law. Some businesses without at least 60% Caymanian ownership or control will require a Local Companies (Control) Law License (LCCL).

Depending on the type of business, other licenses (such as medical and dental, planning, music and dancing, liquor licenses) may be required.

For business within the financial services sector (such as funds, investment managers or insurance brokers and traders), we regularly help clients obtain and retain regulatory approval from entities such as the Cayman Islands Monetary Authority.

McGrath Tonner offers fast and cost-effective debt recovery in relation to outstanding invoices, loans or other arrears. We have a wealth of experience in the recovery of the principal sum, interest due on that sum and any legal fees incurred in the debt collection process. We advise clients in simple terms as to the prospects of recovering money due and the best way to secure payment in the following situations:

  • Mortgage loans
  • Promissory notes and other lines of credit;
  • Loans secured by fixed or floating charges or guarantors;
  • Outstanding trade invoices; and
  • Sums owed to creditors of bankrupt persons or insolvent companies

At McGrath Tonner we can offer debt collection services on a fixed fee or time-spent basis, depending on our client’s needs. (Fixed fees can ensure that the debt collection process remains within budget and ensure that legal costs remain proportionate to the sum being recovered. In other situations, particularly where legal fees may be recoverable from the debtor, a time-spent basis may be more appropriate).

CONTACT US TODAY

345.623.2740 345.949.2740 info@mcgrathtonner.com