McGrath Tonner

At McGrath Tonner we pride ourselves on our reliability, creativity and ability in delivering exceptional, results driven legal advice to the global and local market.

Insolvency & Restructuring

McGrath Tonner’s Insolvency & Restructuring team understands that when a company or corporate group is in financial distress, offering pragmatic, commercial and creative solutions, cost-effectively, is as valuable as advice on corporate and personal risks and legal rights.

Supported by McGrath Tonner’s Corporate and Real Estate attorneys, we have the resources and expertise to provide expert advice to investors, shareholders, directors, liquidation committees, provisional and official liquidators and other Court appointed officers and creditors, including:

• Preparing and advising our clients (procedurally and strategically) for court proceedings and appearances, appointments of office holders, personal liability, creditors’ claims and restructuring opportunities and processes;
• Drafting and negotiating restructuring and security agreements, corporate memoranda and compromise documentation;
• Advising on long term strategies, including company trusts, management, compliance and governance services restructuring;
• Assisting with all registered agent services, including regulatory filings and compliance requirements and director and secretarial services;
• Advising to onshore and offshore regulated entities subject to CIMA (Cayman Islands Monetary Authority) appointed receivers, managers and/or controllers.

For more information or to book a consultation please contact: [email protected] or +1 345 623-2740

Corporate

INVESTMENT FUNDS

McGrath Tonner’s Investment Funds Team advises fund promoters, investment managers, administrators and institutional investors with regard to the establishment and continued operation of a full range of fund structures, including open-ended funds, private equity funds, master-feeder structures, multi-class funds, unit trusts, partnerships and segregated portfolio companies.

Our Investment Funds Team also provides legal advice on fund restructuring, regulation and compliance, re-domiciliation, stock exchange listing, termination and liquidation, as well as, mergers and acquisitions and reinstatement of struck off entities.

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, open-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.

PROPERTY & CONSTRUCTION

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.

Employment

At McGrath Tonner we have considerable experience in sitting at both sides of the table – representing employers and employees.

For employers we work side by side with in-house HR teams and management professionals to deal with almost every aspect of employment law and policy in the Cayman Islands including:

• Advising on recruitment and interview processes
• Advising on the immigration rules, work permits and residency applications
• Drafting and revising employment agreements for senior and junior members of staff
• Drafting and advising on the enforcement of restrictive agreements. including those that apply post-termination
• Reviewing employee handbooks and policy documents to ensure they reflect the requirements of the law and regulations in force, including internal policies and practices in relation to:
  • Covid-19
  • Working From Home (WFH)
  • Health and Safety
  • Sickness and Absences
  • Confidential Information
• Handing and resolving grievances raised by employees
• Handing and resolving internal investigations
• Termination of employment and advising on contractual and statutory entitlements in relation to:
  • Probation Periods
  • Redundancy
  • Misconduct
  • Poor Performance
  • Unfair Dismissal
  • Wrongful Dismissal
• Representation at mediations, and proceedings heard by the Department of Labour & Pensions, the Labour Tribunal and the Courts of the Cayman Islands
• Compromise and Separation Agreements, including clauses that seek to preserve confidentiality and provide for references and public announcements
• Enforcement proceedings.

For more information on our services or to book a consultation please contact: [email protected] Phone +1 345 623-2740

Family

McGrath Tonner’s family team is a leading family law team in the Cayman Islands. The team has more than 50 years of combined experience dealing with family law issues. The firm has been involved in the majority of, if not all, the significant family and divorce cases in the jurisdiction in the last 20 years.

In 2019/2020 the family team represented parties in what was described as the ‘highest value matrimonial case in the jurisdiction to date.’

The team advises on all aspects of family law including divorce and financial applications, applications relating to children, jurisdiction disputes, pre and post nuptial agreements, cohabitation agreements and applications where parties are unmarried. The firm has considerable experience advising UHNW individuals with complex corporate and trust structures with assets located worldwide. The team has appeared in the Court of Appeal on several occasions.

The team has experience in all aspects of complex children proceedings including applications for permission to remove a child from the jurisdiction and protracted and difficult disputes where allegations have been made against a parent.

The team regularly provides expert evidence in family law matters for foreign law proceedings in a number of jurisdictions.

Since April 2020, Managing Partner, David McGrath has sat as a part-time acting Judge of the summary court of the Cayman Islands. David is also a faculty member of the International Academy of the Family Lawyers and Chairman of the Cayman Islands Family Law Bar Association.

The team is capable of and committed to resolving disputes outside the court arena, where appropriate. Sara Ismail is a trained family mediator and collaborative lawyer. Sara and the wider team also have a huge amount of experience of advising clients who are engaged in court appointed hybrid mediation in the Cayman Islands.

For more information or to book a consultation please contact: [email protected] or +1 345 623-2740

Immigration

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

The Immigration Acts 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
• Residency and Employment Rights Certificate and Appeals
• Permanent Residency Applications for Persons of Independent Means
• Right to be Caymanian (Caymanian Status)
• Naturalization (British Overseas Territory Citizen)
• Spouses and Dependants Application and Variations
• 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.

For more information or to book a consultation please contact: [email protected] or +1 345 623-2740

WILLS & PROBATE

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.

CRIME

McGrath Tonner’s crime team represents individuals and organisations facing police investigation into a full range of crimes, from complex corporate manslaughter investigations matters through to murder, drugs/ firearms offences and matters alleging dishonesty.

McGrath Tonner has developed an excellent reputation for resolving investigations without charge and is particularly valued for its ability to act in sensitive matters in a discreet and efficient manner.