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Insolvency & Restructuring

20 November 2020
Marc Kish Snapshot: determining whether a petition debt is disputed on substantial grounds

Cayman Islands - Ogier

It is trite law that where a petition debt is disputed in good faith and on substantial grounds, the Grant Court's ordinary practice is to dismiss or strike out the winding-up petition. However, this principle is more easily applied in theory than in practice, resulting in a remarkable amount of case law. That body of case law has been swelled in 2020 by a number of Grand Court decisions which provide further guidance as to whether a petition debt is to be considered genuinely disputed on substantial grounds.

Authors: Marc Kish, Gemma Lardner, Jeremy Snead
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